xrg-Free® Type I 



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A HISTO1..JAI REYIEW 




OF TaEj 



CAUSES AND ISSUES 



?HAT LED TO THE 



OVEETHEOW OE THE EEPUBLICAN PAETY 



IN KANSAS IN 1892. 



Inclxxding: a History'o.f the Exciting- Events of tlae Legisla- 
tive JEnHLtorog^lio and. its Final Settlement, in>srlxich. Blood- 
stied and Internecine ^STar ^vere Narro-osrly Skverted, 



BY W. H. KENT. 



PUBLISHED BY 
THE TOPEKA DAILY PRESS 1893. 
AUjRights Reserved by Publisher. .Zl 





ft-H^ 



TN BXrHANGT* 



A HI8T)uilICAL REVIEW 



OF THE 



CAUSES AND ISSUES 



THAT LED TO THE 



OVEETHEOW OF THE EEPUBLICAN PAETY 



IN KANSAS 1892,. 



THE UNHOLY ALLIANCE. 



THE COMMON INTERESTS OF THE OOEPOKA- 
TIONS OFFIOIALLT ESPOUSED BY THE BEPTJB- 
LIOAN PAKTY. — "•THE BAILEOAD QUESTION 
IN AMEKIOA IS LIKE THE lEISH LAND QUES- 
TION." 

The history of Kansas, from the pen of a 
second Macauley, who may, perhaps, be 
born in the Twentieth Century, will be 
among the classics of the future. 

It will no longer be necessary to return to 
the days of Cassar, of Cataline, or of Han- 
nibal the Suffete, to find examples of un- 
dled ambition, of grinding oppression 
tyranny, of the arrogance of a plutoo- 
and the use of mercenaries to enslave 
<3ople, of conspiracy and its final over- 
will be in the volume thus written 



by the impartial Historian no chapter more 
thrilling, nor one read with greater interest, 
wonder and curiosity, than that which sha 
faithfully portray the events which have oc- 
curred during the past decade, and more es- 
pecially the last year. These led up to the 
final overthrow of the Republican party, af- 
ter an almost uninterrupted and absolute 
domination that was marked by the perpe- 
tration of every crime in the political calen- 
dar, in the name of Republicanism; whose 
motto, literally construed, has been: "Lib- 
erty means License." 

The once proud Republican party is no 
longer the Republican party save in name 
but has discarded the principles of Lincoln 
and other great founders and leaders in the 
cause of freedom and equal rights, to bei^d 
the knee to the corporations, and lend will- 
ing obedience to the edicts of the money 



4 



THE UNP' 




[ kings issued from their palaces on Wall 
s treet, a section of New York that is smaller 
t han any little German principality or duke- 
dom, yet which has been, for a quarter of a 
century, by the grace of the Republican 
party, the financial center of the Republic, 
and its money princes the absolute masters 
of the banking system of the whole country 
and of the Nation's credit. 

At the seventeenth convention of the 
American Bankers' Association, held at New 
Orleans November Hand 12, 1891, the pres- 
ident, introducing Prof. Arthur T. Hadley, 
of Yale college, who had been invited to 
prepare a paper to be read before the con- 
vention on the subject: "Recent Railroad 
Legislation and Its Effect Upon the Finances 
of the United States," said: ~ 

Gentlemen — We are all so largely inter- 
ested in railroads and railroad securities 
that I take great pleasure in introducing to 
you Prof. Arthur T. Hadley, of Yale col- 
lege, who has made this the subject of pro- 
found study. 

Of the remarkable statements made by 
Prof. Hadley, the Bankers' Magazice and 
Statistical Journal of December, 1891,quotes 

; the following: 

Whatever causes shrinkage in railroad 
values is of importance to a body of finan- 

; ciers, because railroad securities are more 

' important than any other line of investments 
and properties, more than all others put to- 
gether. A loss of 1 per cent, in interest on 
railroad securities would mean a fall in cap- 
ital valuation greater than the whole wheat 
and cotton crop of the country put together. 
If we look at the systems immediately 
west of Chicago, we find that sinse the pas- 
sage of the interstate commerce law, they 
have shrunk in value $60,000,000, or more 
than 25 per cent, of the par value of their 

Y stocks. 

,v>^ Such a fall can only have beengdue to leg- 
islative action. The interstate commerce 
I aw, which had been supposed to be the end 
of a struggle for railroad control, was only 
the beginning. 

The individual states went further and did 
a great many things with far less wisdom 
than the interstate commerce commission. 
Finally the prohibition of pools prevented 
the railroads from taking measures in self 
defense. 

The railroad question in America is like 
the Irish land question. Railroads are 
owned in the east and operated in the west, 
j ust as the Irish land is owned in England, 
and there is an effort on the part of the peo- 
ple who use the property to fix the rates, in- 
stead of letting it be done by the people who 
own it. 
It is not likely that this effort will succeed. 




NCE 



A o. ition of hostilities will result in 

the disao.xous experiment of taking the con- 
trol of railroads from invested capital. 

Here, then, is the admission of the union 
and close relationship of the banks and the 
railroads; of the fact that a struggle has 
begun for the regulation of railroad rates, 
which has as yet only reached the incipient 
stage that pools are indispensable to the 
maintainance of extortionate rates; that the 
continuation of restrictive legislation will 
result in government control, and finally 
that the railroad question in America is like 
the Irish land question. 

So many wholesome truths from so high 
an authority on the subject, the opposition 
could scarcely have dared to expect. 

The views of Prof. Hadley as endorsed by 
the Bankers' Association were those already 
adopted by the Republican party, and now 
freshly enunciated, and henceforth the twin 
corporations bocame more than ever the 
objects of tenderest solicitude. 



THE PARTY OF JUD\S. 



THE EEPUBLIGANS BETKAY THE PEOPLE AND 
ESPOUSE THE CAUSE OF THE OOEPOEATIONS. 
— THE OKUOIAL TEST. — THE ONLY ALTEBNA- 
TIVE. 

In this crisis there was no alternative but 
for the people to organize and equip them- 
selves for a struggle but just commenced, 
and aptly compared to that between the 
English lords and their Irish tenantry. 

The Republican party had always been 
peculiarly zealous in providing for the sys- 
tem of railroads west of the Missouri river, 
and known as the Pacific railroads. The 
National congress, then Republican, had en- 
riched the corporations by enormous grants 
of land from the public domain, while State 
and Territorial Legislatures vied with each 
other in enlarging corporate privileges, ani? 
adding to their franchises. / t' 

In Kansas, Nebraska, Wyoming and C 
rado the railway managers became 
crats, and were permitted to dictate 




THE PARTY OF JUDAS. 



own terms. They named United States Sen- 
ators, Governors, Legislators, Mayors and 
Conncilmen. State constitutions, Legisla- 
tive enactments and City ordinances were 
drafted at the general offices, approved by 
the Directory, and immediately passed by 
the subservient tools the Republicans elect- 
ed. The vast territory that was quickly 
spanned by the new lines was peopled with 
a rapidity that has had no equal since man- 
kind was introduced into the Garden of 
Eden, and the home seekers and settlers 
who caine West to enjoy greater liberty and 
wider privileges, found themselves reduced 
to the level of peons, paying tribute to 
their masters in the shape of annual install- 
ments on their lands, for which the railroad 
companies paid nothing, and which the set- 
tlers purchased at almost equal prices pre- 
vailing in older states. 

The hardship of these brave settlers, the 
deprivation and destitution which they so 
patiently bore, their struggles with the ele- 
ments, with drougnt and the devastation of 
grasshoppers, are all matters of history 
with which every intelligent man, woman 
and child west of the Missouri river has 
been familiarizea by bitter experience. And 
in no section of the Trans- Missouri empire 
has the experience been more bitter than in 
our grand commonwealth. 

The necessities of the case resulting from 
. the untoward circumstances incident to the 
settlement of a new country forced the peo- 
ple to seek tissistance not only for immedi- 
ate support but for the further development 
of their new homes. 

Financial aid was forthcoming, prompted 
by the unexampled liberality of the national 
and state governments to the railroad cor- 
porations. The money lenders of the con- 
gested New England States saw in the rapid 
development and settlement of the New 
West an opportunity to offer the financial 
aid the settlers sought and demand for their 
money exacting and usurious interest. The 
result was the establishment of the loan 
agent in nearly every village and hamlet in 
the great West Under the alluring influ- 
ence of the new life that appeared to spring 
up on the prairies and with the mirage of 
vast rural possessions before their con- 
#ant gaze the settlers availed themselves of 
the easy opportunities to obtain ready money 



by mortgaging their farms on long time 
though fabulous rates of interest were de- 
manded for "the accommodation." There- 
suit was that mortgages were "plastered" on 
a large "percentage of the tillable aores of 
the Western States, and particularly of 
Kansas. 

This was the crucial time and test of gov- 
ernment — the time when it was easy to dis- 
cern whether the political party then domi- 
nant in the state and country succumbed to 
the influence of the great corporations anc 
the ;money power, both of which, octopu 
like, were'f astening their grasp upon the peo- 
ple, or whether the government, through thr 
party, would rise supreme in its majesty an 
extend its guarding hand over the gret. 
army of its subjects toiling to make tht 
desert blossom and rear on the central plain 
of our grand federation of states a monu 
mentgto the greatness and benignity of ou 
cherished institution of self-government. 

The Republican party had been in power 
since the great civil war, in which it achieved 
its renown, and upon which it based its 
claim to the generous endorsement of the 
nation. Blinded by the halo of its glory the 
people trusted and obeyed its mandates, ob- 
livious of^the insiduous and subtle influence 
that was ^fast? gaining control of the ma- 
chinery of the organization, and which in- 
tended, and finally accomplished, the er 
slavement of the too confiding masses. 

It was at this crisis that the Republicar 
party, as a political organization fouu'^ '•■ 
upon the principles of its early leao 
ceased to exist except in npnre only, anc" 
came the party of corir crate greed anu 
power. Its long contintf nee in power em- 
boldened its leaders to believe that they had 
a life tenure of oflice, and every year in- 
creased their arrogance and the burdens 
inflicted upon the people. They had become 
pliant tools of corporations, and as this 
effaced the last lingering trace of honor and 
conscience, they sank deeper and deeper 
into the mire of corruption and degradatior 
So long as they could satisfy the demands c*- 
corporation managers, to whom they owt**^ 
their continuation in power, they forgot th» 
needs of the struggling masses and allow, 
nothing to stand in the way of their sel 
aggrandizement. They were blind to t 
Nemesis that wag fagt-«^extaking them, an 



THE CAMPAIGN AND THE CONTEST. 



in their desire to perpetuate their power at 
asFwere garity~of outrages which brought 
swift retribution and destroyed Republican 
supremacy root and branch. 



THE CAMPAIGN AND THE C0NTE8T. 



"CAEETING THE WAE INTO APEIOA." — TIIK 
WICHITA TICKET NOMINATED. — THE FOUB 
STATE CONVENTIONS — YIOTOEI FOE IHE 
PEOPLE. 

As the Republican party, gradually at first 
but finally swiftfully and shamelessly, ar- 
rayed itself as the champion of the money 
kings, the people entrenched themselves 
more firmly for the struggle that was inevi- 
table. When the campaign of 1892 opened 
t found the opposition to corporation ty- 
r anny splendidly organized. It was like the 
o d story of the field planted with dragODns' 
t eth, from each of which there sprang forth 
a knight,full panoplied andre&dy for battle. 

Of course the republican papers were 
keeping up a continual fire on their oppo- 
nents all along the line, but this time it had 
not the effect even of causing dismay, much 
' ess destruction in the ranks of the reform 
j-orces. Nor was the unexpected strength of 
he people developed in merely a single 
state, but like wildfire, it spread across the 

dries and the mountains, and found no 
onsiderable foothold on eastern and 
jo-ithern soil. 

The leaders laid their plans well, and in 
the contest that followed did not stand on 
the defensive but carried the war into Africa 
with a vengeance. When the Wichita con- 
vention paet on June 15, it was with a well- 
defined and single purpose. The Republican 
press in treating of the matter at the end of 
the first day's session contained such head- 
ines as these: "Fusion" — "The People's 
Party State Convention Thoroughly Under 
Control of the Fixers" — "Pandemonium 
Rivalled." — "The Convention a Howling 
'lob, Be>ond Oontrol of Any Re vsoning 
Power," eto., etc. 



To show how clearly they reckoned without 
their host, the same paper, on the morning 
following, displayed among its headlines 
these: "Downed" — "The Fusionists Relegat- 
ed to Back Seats in the People's Party Con- 
vention"— "An Ex-Confederate Nominated 
and the- Bloody Chasm Bridged by Patriot- 
ism"— "An Old Soldier gets Second Place 
on the Ticket as a Bid for Veterans." 

As a matter of fact, and of history, the 
Wichita convention, which remained in ses- 
sion two days, and which placed in nomina- 
tion a straight People's party ticket, was one 
of the most harmonious ever assembled in 
the state. The platform was so broad, so 
comprehensive and so just to all classes that 
the Republican convention a little later, with 
a flourish of virtue and fairness, practically 
endorsed it by adopting almost every plank, 
with a very weak attempt to conceal the 
theft. 

When Col. W, A. Harris was placed in 
nomination for Congressman at- Large, his 
nomination was seconded by 274 ex-union 
soldiers, a majority of the convention, and 
that body, having completed its work, ad- 
journed amid the wildest enthusiasm and in- 
spired with an abiding faith that a great 
victory would be won in the Ides of Novem- 
ber. 

The following was the ticket nominated at 
Wichita by the People's party on June 15, 
1892: 

For Governor— Hon L. D. Le welling, of 
Sedgwick county. 

For Lieutenant Governor — Col. -'ercy 
Daniels, of Crawford county. 

For Secretary of State — Capt. R. S. Os- 
born, of Rooks county. 

For Attorney General — Judge John T. Lit- 
tle, of Johnson county. 

For Auditor of State— Mr. Van B. Prather, 
of Cherokee county. 

For State Treasurer— Mr. W. H. Biddle, of 
Butler county. 

For Superintendent of Public Instruction 
— Prof. H. N. Gaines, of Saline county. 

For Congressman- at- Large — Col. W. A. 
Harris, of Leavenwcrth county. 

How different was the gathering of Re- 
publicans in Representative hall, at Topeka, 
on .June 30! Flushed by an almost unbroken 
series of victories extending back for a quar- 
ter of a century and confident that, backed 



THE CAMPAIGN AND THE CONTEST. 



by the railroads and the other corporations 
of the state, the nominees of the convention 
would be elected with little or no trouble, 
there was a bitter struggle for place, and 
enmities were engendered on every side. 
The state house ring, which never failed to 
play into the hands of the railroads, and 
with the whole machinery of state at their 
command, made a hard fight, but an "up 
hill one" this time. The more conservative 
element of the party had really begun to ap- 
preciate the strength of the cry that was 
going up from all over the state against the 
tyranny and iniquity of "the gang," and a 
desperate attempt was made to tone things 
down to respectability. 

This element was successful only to the 
extent of compelling an unwilling endorse- 
ment of many of the principles enunciated 
by the Wichita convention, which was ac- 
complished after a stubborn and protracted 
fight. 

In the make-up of the ticket the conven- 
tion could not so easily be controlled, and 
still under the impression that a nomination 
here was equivalent to election, rival candi- 
dates fought and scrambled and hooted or 
cheered, as the spirit moved them, until this 
convention, which Eepublioan newspapers 
characterized as "one of the best natured 
political gatherings ever witnessed in the 
state," actually did degenerate into "a 
howling mob" and "outrivalled Pandemo- 



sessment of -.railroad property in the state 
thereby saving to the corporations proba- 
bly $100,000 in taxes. WhileSJthis act was 
part of the reward the railroad corporations 
of the state were to receive for their politi- 
cal services to the republican party, the re- 
sponsibility fell upon the individual mem- 
bers of the board of railway assessors, and 
the two members of that board seeking re- 
nominalion were ruthlessly sacrificed— not 
because the leaders of the republican party 
did not approve of their action, but because 
they hoped by this sacrifice to appease the 
wrath of an outraged people, and by a pre- 
tended virtue to deceive the discontented 
masses into once more voting the Republi- 
can ticket. 

On -July 6, the Democratic State Conven- 
tion was held m the same hall and its con- 
duct and action were in marked! contrast 
with those of its immediate predecessor. 
It was a strictly representative gatheririg 
of the Kansas Democracy, and when ques- 
tions came up on which there was a dififer- 
ence of opinion they were debated with 
strength, eloquence and manliness by the 



The ticket was headed by one of the chief 
fuglemen of the Railroad party, and before 
it was completed the convention actually 
fought, raved and howled like maniacs over 
the nominations for attorney general and 
other ofl&ces which are supposed to carry 
dignity with them, but carried anything else 
in this instance. 

Among the things performed by this so- 
called "good natured Republican conven- 
tion" was the cold-blooded and ruthless 
sacrifice they made of two state officials 
who were before the convention seeking en- 
dorsement for their services to their party 
through a second nomination. Unfortu- 
nately for these two gentlemen they had 
served their party not wisely but too well. 

At the dication ofg the corporation mas- 
ters of their party they had performed an 
official act which materially reduced the as- 



It was held by a very large majority that 
the vital issue in the campaign was the over- 
throw of the corrupt and dominant Repub- 
lican party, and that the only means to this 
end was the solid union of the opposition 
forces. By a vote of 390 to 39 the electoral tick- 
et of the Wichita convention was indorsed, 
and after a protracted debate, the State 
ticket named by the People's party was 
likewise indorsed though by a less. ]aa 
jority, the vote standing 227 for ar/f (76 
against a combination that would -' ..^re 
Republican defeat on November 8 and re- 
deem the State from the control of the mer- 
cenaries who represented Wall Street and 
the great railroad corporations. 

It was in this debate that Senator John 
Martin showed himself to be a very lion on 
the floor, and that he was still the intrepid 
leader of the Kansas Democracy, in which ,, 
for more than a score of years he had bee^i' 
Chairman of the State Central Coni- 
mittee at a time when that party 
was ■ so small that year after^year 
its annual conventions were held in 
his own law office in the Ci*^v of Topeka. 
The result of his gallant straggle on this 




8 



THE CAMPAIGN AND THE CONTEST. 



occasion was reeeivedjwith?thunders of ap- 
plause, though ajhandful of erstwhile Dem- 
ocratic wheel-horses left the hall to organize 
later the so-called Stalwart Democratic 
party, and, as assistant Republicans, exert 
every effort to retain the corporation party 
in power. 

Their pretended convention at the Grand 
Opera House in Topeka on October 7, was 
the last of a quartette of State political as- 
semblies that are destined to beconie mem- 
orable in the historyjgof Kansas. The 
troublous and stormy sea of politics in the 
Sunflower State never tossed up a stranger 
bit of wreck and drift than this same con- 
vention, made up of railroad attorneys and 
corporation hirelings who came to the capi- 
tal city on passes issued by the hundreds, to 
demonstrate the extent of their vassalage to 
the brass-colored monopolists. From the 
stage, former Democratic leaders whose 
principles had been lost sight of by 
long service in the pay of cor- 
porations, openly avowed their intention of 
voting the straight Republican ticket from 
top to bottom, and denounced in unmeas- 
ured terms the movement of the combined 
forces of the opposition to rid Kansas of a 
tyranny that had impoverished the state and 
the people, and reduced to serfdom that 
large class of the rural population whose 
toil ataid privations and dangers of every 
'isscription had wrested the soil from sav- 
^^-'6 tribes, made Kansas the foremost of the 

qd producing states in the Great Central 
j^,isin, and enriched the railroads and the 
money princes of the east to an extent un- 
heard of in all the history of the Western 
Continent. 

The issues were now made up, and the 
corporation party ,^, was squarely arrayed 
against the people. 

From early autumn to November 8 a vig- 
orous campaign was fought night and day 
by both political forces. 

It was a veritable war of the Titans, a 
struggle to the death by two powerful com- 
batants. It was a battle for liberty on the 
one side, and on the other for the perpetua- 
tion in power of men who had cast princi- 
ples to the wind, bartered for gold the glory 
of the party founded by Lincoln, and who 
would place on the wrists of the freemen of 
-•.V. ~ Great West the shackles struck from the 



black race in the South thirty years age. 

Well might the issue^be watched with anx- 
ietyjfrom every section of the land, and 
every toiler in the state enroll himself for 
the fray. Andjwell might the corporations 
unlock their treasure vaults and turn loose 
a flood of goldjto check the tide that was 
Betting in^with a force Tthat threatened to 
sweep theirjpaid agents forever from power 
in the councils of the state. 

As itjbecame more and more evident to 
the Republican party toward the close of the 
campaign that defeat was inevitable, the 
leaders;began devising iniquitous schemes 
for robbing the people of the fruits of vic- 
tory. Where fraud and bribery could not 
prevail at the polls, the matter would be set- 
tled to their liking, either before the State 
Board of Canvassers, where the whole elec- 
tion machinery was in the hands of as cor- 
rupt a gang of Republican partisans as ever 
existed, or, if that method failed, another — 
more remote, more dark, more revolutionary 
— would-be resorted to. 

The great day dawned at last, the battle 
waged furiously all along the line, and 
right triumphed. It was so unmistakably a 
complete and overwhelming victory for the 
people that no room was left for either 
party to doubt. The Republicans were dis- 
mayed as the returns began to come in. In 
fact they were panic stricken and required 
time to study over the situation. It was 
probably to accommodate them in this re- 
spect that the Kansas City Journal of No- 
vember 9 came out with something very like 
a stereotyped copy of the article it pub- 
lished on the morning after the election of 
1890, claiming everything in sight for its 
party, and kept up these claims for the rest 
of the week. 

With singular unity of purpose the Tope- 
ka Capital of November 9 claimed the elec- 
tion of the Republican State ticket by "at 
least 12,000," and that "the electoral ticket 
will fall less than 3,000 behind." "Kansas 
Redeemed" was the truthful headline on''it8 
telegraph page, but the redemption was not 
according to the Capital's standard and 
meaning. 

Editorially, the same paper, under the 
head of "Glorious for Kansas," said: 

In the Republican gloom that has struck 
the party nationally like a total eclipse, one 
grand redeeming light shines out from Kan- 




THE CAMPAIGN AND THE CONTEST. 



9 



sas. To paraphrase the lines of Words- 
worth, Kansas looms up omt of the darkness 
Fair as a star when only one 
Is shining in the sky. 
It is a great victory. * * * The victory 
means everything to Kansas. It means re- 
demotion and regeneration. It means no- 
tice to the people of the nation that intelli- 
gence and integrity rule again in the state. 
It means renewed immigration and influx 
of capital. It meaL.s that apologies for 
Kansas need no longer be demanded. It 
means that property is safe and that repn- 
pudiation is itself repudiated. * * * The 
indications point not only to the election of 
the state ticket and a good working majority 
in the state legislature/.but to the defeat of 
every Populist congressman. * * * 

Here again were wise words spoken, if not 
in jest, intended at least to deceive. Kansas 
did indeed skine forth as a bright, particular 
star, and the language of the Capital's edi- 
torial reads like a prophesy, or would if the 
word "Populist" was substituted for that of 
"Republican." It was "a victory that means 
everything to Kansas," redemption, regen- 
eration, and the rule of intelligence, renewed 
immigration and influx of capital. 

But, a day later, "a change came o'er the 
spirit of the Capital's dream," for even that 
redoubtable republican sheet admitted 
"Kansas in doubt," and reduced the repub- 
lican majority from 12,000 to 4,500, which, 
it said editorially, meant that — 

The democracy has enabled calamity to 
menace, if not actually to capture, the state. 

The republicans of Kansas were advised 
to begin the campaign of 1894 that very 
day, and subsequent events proved that the 
advice was acted upon. The political situa- 
tion then became "a blot on the record of 
the dem.ocracy that will never be effaced;" 
"a disgraceful liason with calamity," and 
all that sort of thing. 

It was Sunday morning before the Capi- 
tal began to explain "Why We Lost," and 
by some remarkable process of computing 
figures to show that while the railroad party 
was undoubtedly snowed under the returns 
showed a net gain of 60,000 in the strength 
of the republican vote of Kansas. 

Meantime the allied forces were rejoicing 
in the certainty of a grand victory. Blanks 
had been sent out to all sections to be filled 
with copies of the returns and forwarded 
promptly to headquarters. This request 
was very generally complied with, the re- 
"'^an pouring in immediately, and 



each gave fresh assurance of the utter rout 
of the common enemy and the vindication 
of the rights of the people. 



THE CONSPIBAOY. 



THE MASK BOLDLY THKOWN ASIDE BY THE BE- 
PTJBLIOANS. — INFAMIES PEEPETBATED BY THE 
STATE CANVASSING BOAED. — THE KOSENTHAL 
CASE. — THE OOFFEY COUNTY CASE. — AN OKLA- 
HOMA CITIZEN "OEETIPIOATED." 

Stirring as were the events of the summer 
and autumn preceding the overthrow of the 
Republican party, they were but the preface 
of one volume of Kansas history that will 
stand through all time pre-eminent in inter- 
est to the student of Kansas politics. In its 
defiance of the public will, its knowledge of 
the entire support of the railroads and other 
corporations in its fell designs, its supreme 
conceit and confidence that no combination 
of interests could depose it from power, the 
dominant party had to a degree concealed 
its desperate determination to win at all 
hazards and had thus far created anxiety, 
but not absol ate alarm. 

Now the mask was thrown aside and the 
suspicion that it would attempt to defeat the 
will of the people became a terrible and 
alarming certainty. 

There was soon no longer room to doubt 
that the corporation power'^ of the state 
were conspiring against the voters, and that, 
having lost control of the Executive depart- 
ment of the Government, they would reck- 
lessly and unblushingly make an attempt to 
hold the legislative branch by stealing the 
seats of the Populist Representatives- elect, 
so far as was necessary in order to secure the 
organization of the house, and the ultimate 
election of a United State Senator and a 
State Printer. Unparalleled frauds had 
been committed by unprincipled Republi- 
cans at the polls and on the county canvas- 
sing boards, but it was left for the State 
Canvassing Board to perpetrate the crown- 
ing infamy and reveal the atrocious scheme 



10 



THE CONSPIRACY. 



of this conspirators in all its hideous de- 
tails. 

The State Canvassing Board met in Tope- 
ka on November 28 All the members — 
Governor Huinphrey, Treasurer Stover, 
Auditor Hovey, secretary of State Higgins, 
State Superintendent Winans and Attorney 
General Ives — were present. There had al- 
ready been much "deplomacy" exercised in 
order to enable this board to carry out the 
will of its masters. The returns had been 
opened and examined. Where corrmpt 
county canvassing boards had not counted 
out populist representatives or overlooked 
clerical errors (?) that would elect Republi- 
can members, preparations had been made 
to complete the work in this board. Where 
irregularities occurred that would work in- 
juriously to the Populist cause, the re- 
turns were held back until too late for cor- 
recti>n, but where mistakes appeared that 
would be disastrous to Republican interests 
pains were taken to have them rectified 
without delay. 

The first interesting development before 
the State Board of Canvassers was the dis- 
coverj of an irregularity in the returns 
from Sedgwick and Wilson Counties on the 
People's party candidates for Presidential 
Electors. In the case of E. B. Cabbell, one 
of these Electoral candidates, the returns 
were made to read E. B, Campbell, instead 
of E. B. Cabbell. It was apparent that this 
was a clerical error but the vote was thrown 
out and the county clerks telegraphed to 
learn whether it was really a clerical error, 
or whether the ballot? were printed that 
way. As there were over 6,000 ballots of 
that sort it was enough to defeat Cabbell, 
which would give the Republicans one jut 
of ten of the Presidential Electors, and this 
would leave matters in shape to aid the 
national party to that extent in the Elec- 
toral College if the vote should be very close. 

On the following day the board held that 
the manifest error could not be corrected 
and o motion of Col. Bill Higgins resolved 
that it "had no legal authority to make any 
changes of the returns as certified by the 
various County Glerk?, nor has said board 
any authority to call for or demand any 
amendatory or supplementary returns." 

"This," remarked the Capital next morn- 
ing, "knocks out Mr. Cabbell (colored), one 



of the People's party presidential electors.*! 

But it did not, for the board, after an imi 
mense amount of trouble, was compell ed to 
reconvene, correct the error and declarejMrl 
Cabbell elected. I 

But with characteristic inconsistency, the) 
board refused to correct a somewhat similar ' 
error, but one not less apparent, in the 
Haskell county case. Here the county clerk 
made a transposition of the figures, and in- 
stead of giving Joe Rosenthal, straight 
democratic candidate for representative, 156 
votes, and A. W. Stubbs, the Republican 
candidate, 123, reversed the figures. Stubbs 
was ae jessary to the Republicans |toJ make 
up their majority in the House, and on these 
returns, despite an absolute knowledge that 
they were wrong, the Board issued a certifi- 
tate to Mr. Stubbs. 

Yet high-handed and arbitrary as ware 
the proceedings of the Board in the latter 
case, they were exceeded in brazen eflfrontry 
by its action on the Coffey county case, 
where the returns, grossly irregular, showed 
on their face a tie between Rice, the Popu- 
list candidate, and Ballinger, his Republi- 
can opponent. The decision in this instance 
was postponed until the last da} 's session, 
when everything else had been completed. 
General Ives had objected to casting lots to 
determine who should be given the certifi- 
cate, as being unconstitutional, but he was 
overruled; In such cases, where the statute 
requires a casting of lots by the State can- 
vassers, it must be done in the presence of 
both the interested parties, but even that 
formality was dispensed with. Without no- 
tice to Ballinger, the Board went into secret 
session and remained with closed doors for 
an hour and a half During this tin. e the 
drawing is alleged to have taken place, the 
slips being drawn from a hat by Bill Hig- 
gins. The decisive slip was reached by him 
at the ninth drawing, and, it is unnecessary 
to add, it read "Republican." And the Re- 
publican candidate for Representative from 
Coffey county was declared elected. 

The members of the board then unlocked 
the door and came out with their overcoats 
on, announced in an off hand way that they 
had decided in favor of jB>illinger, and 
stated as they left '■he capital that the Board 
had adjourned sine die. 

By unseating Rosenthal and Rice, the Re- 




THE CONSPIRACY. 



11 



publicans had been secured a majority of 
two in the house and this fact, together with 
the Star Chamber method of settling the 
Coffey county tie, confirmed the suspicion 
that the conspiracy was dangerously deep, 
and the conspirators desperately determined 
to succeed in their nefarious plot to reverse 
the decision of the people at the polls. 



One of the most glaring frauds perpe- 
trated by the Republicans in their conspii^- 
acy to capture the legislature was in the 
election of M. B. Chrisman, a citizen of 
Oklahoma, as representative from Chautau- 
qua county. His opponent was A. M. Ross. 
Higgins "certificated" him, notwithstand- 
ing the I'acts coucerning his citizenship of 
an adjacent commonwealth were well 
known. 

M. B. Chrisman had, as early as April 9.'', 
1892, declared under oath his good faith and 
intention to become a permanent resident 
and citizen of Oklahoma Territory, and to 
cultivate and personally occupy and make 
his home upon the land which he then laid 
claim to in that territory. Under the sworn 
declaration which he then made his actual 
settlement upon the land might be postponed 
until six months latHr: but on the 18th day 
of July , 1892, there being no prior adverse 
right.to the land, Chrisman, under oath, de- 
clared that such permanent residence and 
citizenship of Oklahoma, and such occupa- 
tion of said land should commence at that 
date. 

This was the condition at the time of the 
election, November 8, 1892, and there is a 
Hote indorsed on the back of his application 
indicating that he had obtained a leave of 
absence on the 2d day of November, 1892. 
But there is no uncertainty as to the condi- 
tions on December 10, 1892. On that day he 
was before an ofiicer of Kingfisher county, 
in the territory of Oklahoma, where he made 
an affidavit of facts, which were corrobora- 
ted by Isaac Chrisman and M. D, Chrisman, 
whose address was Dover, Kingfisher county, 
Oklahoma territory. 

In this afl&davit Chrisman swears that his 
present postofl&ce address will be Wauneta, 
Chautauqua county, Kansas; that he was the 
identical person who, on the 18th day of 
July, 1892, made the homestead entry on the 



land mentioned; that he had built on said 
land a one and one-half story frame dwel- 
ling house, had dug a well and broken out 
ten acres of the land; that his improvements 
thereon aggregated $200 in value; that he 
had established his personal residence on 
said land, and resided there continually 
since December 3, 1892; and he wanted leave 
of absence to gather his corn crops in the 
field, and to give his personal attention to 
other matters at his "old home in Kansas," 
desiring to return with his family and re- 
sume his residence on the land after his tem- 
porary absence. 

Section 4, Article 2, of the Constitution of 
Kansas, declares: "No person shall be a 
member of the Legislature who is not, at 
the time of his election, a qualified voter of 
and a resident in the county or district for 
which he is elected." In view of this pro- 
vision, there can be no doubt that it is the 
plain intendment of the Constitution that 
Senators and Representatives are chosen for 
the purpose of representing a particular dis- 
trict in which he resides, and for which he 
was chosen, and that whenever he removes 
from such Senatorial or Representative dis- 
trict he can no longer legally represent the 
people of such district. It necessarily 
follows that Mr. Chrisman, whether 
he was a legal resident of the Fifty- 
first Representative Di.-trict on the 8th of 
November, 1892, or not, had acquired a bona 
fide residence in the Territory of Oklahoma, 
according to his aifidavit, and that whatever 
right he had acquired, if any, under his 
supposed election on the 8th of November 
last, was lost to him, and that he could not 
legally hold a seat as a Representative in 
the Kansas House of Representatives. 

Yet in the face of these facts ilig^ins had 
the audacity, in order to carry out the orders 
of his masters, the corporation managers, 
to deliver to him his certificate of election, 
and it may be inferred that he would have 
done the same thing a dozen times over had 
the circumstances demanded it. 



12 



THE MANDAMUS CASES 



THE MANDAMUS CASES. 



WHAT QUESTIONS WEBE INVOLVED AND WHAT 
DECIDED — THE POSSIBLE FFFEOT OF THE 
DECISIONS UPON POLITICAL QUESTIONS THAT 
MAT ABISE HEBEAFTEE. 

The returning board was not, however, the 
only authoritative source to which the Re- 
publicans felt they might look for aid and 
oomfort in carrying out their conspiracy 
against the people of Kansas, The opposi- 
tion, on the other hand, did not anticipate a 
denial of justice at the hands of the high- 
est legal tribunal in the state. 

Much has beeu said about the mandamus 
cases in the Supreme Oourt before the Leg- 
islature convened. There were four such 
cases, and what questions were invoked 
and what questions were decided, are not 
clearly understood by the people; much less 
is it generally understood what effect the 
decisions made in those cases had upon the 
subsequent organization or political com- 
plexion of the Legislature, or may have upon 
questions which are likely to arise hereafter. 
Let us briefly state what these four cases 
were, and in the order in which they were 
commenced and decided in the Supreme 
court. 

In Haskell County Joseph Rosenthal re- 
ceived 156 votes, and A. W. Stubbs 123 votes 
for Representative. The county commis- 
sioners as a board of canvassers ascertained 
and declared that result, and declared that 
Joseph Rosenthal was elected. ' The county 
clerk, either through accident or design, 
transposed the figures, and certified to the 
Secretary of State that Rosenthal's vote was 
123 and Stnbbs's vote 156. This mistake 
was undoubtedly known to everybody 
long before the canvass was made by the 
State Board of Canvassers, and there is 
much reason to believe "that the returns 
upon which the state canvass was based had 
been altered or substituted for the returns 
first made by the county clerk. Be that as 
it may, the public press of the state had 



continuously published the fact that Mr. 
Rosenthal had been elected Representative 
from Haskell County. When the official 
canvass was made and published, stating 
that Mr. Stubbs was elected, the whole state 
wa^ amazed. Rosenthal brought manda- 
mus in the Supreme Court to compel th© 
State Board of Canvassers to recanvass the 
vote, and to award the certificate of election 
to him. It was generally understood, not 
only among newspaper men, but among 
lawyers as well, that Rosenthal's case was 
so clear that the court would decide 
in his favor. It was admitted on^ 
all hands, and admitted as a fact atj 
the trial in the Supreme Court, and admit- 
ted by the J udges of the Court themselves, I 
that Rosenthal had been elected, and yet by 
reason of the state canvass the certificate of 
election had been awarded to Stubbs. The 
Court decided against Rosenthal. Not only 
this, but it decided against law, and against 
equity, and against justice. It based its de- 
cision upon the single point, that the State 
Board of Canvassers "had acted upon the 
question, and had adjourned without day" 
— that its functions had been fully perform- 
ed, and that as a body it was dead. Out- 
rageous as this decision was, the efiEect of it 
was, and will be, if adhered to, that when- 
ever the State Board of Canvassers or any 
other Board of Canvassers shall have acted 
upon any question properly before them, 
and shall have "adjourned without day." the 
action of such Board is final to that degree 
and extent that errors committed, either 
through ignorance, carelessness or villainy, 
cannot be corrected by the Courts. And that 
is all there was in the Rosenthal case. 

In Coffey County, 0. M. Rice and T. C. 
Ballinger were opposing candidates for 
member of the House of Representatives. 
The returns made to the County Clerk by 
the Judges of Election gave Ballinger 1,826 
votes, and gave Rice 1,827 votes. Two of 
the County Commissioners, constituting a 
majority of the Board of Canvassers, and 
against the protest of the third member, 
when making the county canvass, deliber- 
ately altered the returns from Avon Town- 
ship, which had given and returned ninety- 
six votes for Rice, so as to make the returns 
read ninety-five votes for Rice, and then 
upon this forgery and fraud, with the re- 



THE MANDAMUS CASES. 



13 



tarns from the other precincts, the Cotinty 
Canvassers declared that Ballinger had re- 
ceived 1,826 votes, and that Rice had re- 
ceived 1,826 votes, making a tie between 
them. The County Clerk certified to the 
Secretary of State the vote as canvassed by 
the Commissioners of his County, and the 
State Board declared a tie to exist, 
and then proceeded "to cast lots," as they 
said, and of course Ballinger was suc- 
cessful, and received the certificate of 
election. It was a common remark at the 
time that the "casting of lots" was a mere 
farce. Mr. Higgins states in his official re- 
port that sixteen blank strips of paper, to- 
gether with two other strips (jn one of which 
was written "Populist" and the other "Re- 
publican," were put in the hat, and that the 
drawing took place from that hat until the 
slip with the word "Republican" upon it 
was drawn; and that meant the election of 
Ballinger. The people generally believed, 
and still believe, that of the eighteen slips 
that were put into the hat, eight or ten of 
them had "Republican" written upon them, 
and that all the others were blank, thus 
making Mr. Ballinger's election by the Hig- 
gins outfit certain. But when Mr. Rice dis- 
covered the fraud which had been committed 
by the commissioners of Coffey county, he 
comme-iced mandamus proceedings in the 
supreme court to compel the County Com- 
missioners as canvassers to meet and can- 
vass the votes for Representative as returned 
by the judges of election. Upon the hearing 
of this case the County Clerk and County 
Commissoners were required to attend and 
produce their records, and did so. The 
fraud and forgery respecting the vote of 
Avon township, as stated above, was then 
made apparent by the records themselves; 
but the supreme court denied the writ of 
mandamus, upon the theory, that a paper 
unknown to the law, called a tally-list, 
had been returned by the judges of election, 
which tally-list showed that Rice had re- 
ceived only 1,826 votes, and this decision 
was fortified by following the rule adopted 
in the Rosenthal case, namely, "the Board 
of Canvassers having adiourned without 
day," the Court was powerless to compel it 
to„reoonvene and correct the error, even if 
there was one And that is all there was of 
the Coffey county case. The decision of the 
Court upon both points was contrary to law, 



and was alike inequitable and unjust. 

The Jackson County case was this: The 
Legislature of 1891 assigned two Represen- 
tatives to Jackson County, but in making 
the apportionment the city of Holton was 
omitted from both districts. Under the law 
there was no more reason for believing that 
the city of Holton was in one district, than 
there was for believing that it was in the 
other district. In the Northern district Ed. 
Shellabarger and Nick Kline were opposing 
candidates for Representative. The election 
was duly held and returns were duly made 
to the County Clerk from every precinct in 
the district as the district had been defined 
by law, and such returns gave Shellabarger 
629 votes, and Kline 554 votes. The return- 
ing officers for the city of Holton returned 
votes as having been cast in that city, some 
for Shellabarger, but a larger number for 
Kline, which votes, added to those cast in 
the district, gave a majority for Kline. The 
County Commissioners canvassed the whole 
vote, including that returned from the city 
of Holton, and the County Clerk, instead of 
certifying to the Secretary of State the vote 
as cast by Townships or Precincts, simply 
certified the total vote cast as ascertained 
and declared by the County Commissioners. 
Upon the returns so certified by 
the County Clerk the State board 
would, of course, issue the certifi- 
cate of election to Kline. Shellabarger, 
believing that it was the Legislature that 
created districts and made laws, and not 
boards of county commissioners or county 
canvassers, commenced mandamus proceed- 
ings in the Supreme Court to compel the 
Commissioners of Jackson County and the 
County Clerk to reoanvass the pote and to 
certify the facts as above stated. The Su- 
preme Court refused to ^''•ant the writ .of 
mandamus, holding, without any legal evi- 
dence to support the proposition, that the 
Legislature had intended to make Holton a 
part of the Northern district, and saying 
that the question as to whether Shellabarger 
or Kline should be admitted to a seat was 
one for the House of Representatives itself 
and not for the courts, concluded to exer- 
cise its "discretion," and refused the man- 
damus, which, of course, allowed the cer- 
tificate issued by the Higgins outfit to stand. 
This decision was wrong in this, that it is 
the duty of the County Canvassers to can- 




THE MAND. 



vass the vote from every precinct with- 
in the township, district or county cre- 
ated by law, for which township, district or 
county they constitute a Board of Canvass- 
ers. The County Canvassers have no more 
right to enlarge a Representative district 
than they have to enlarge their county and 
canvass votes outside their county. The 
decision of the Supreme Court was simply 
to let the outrage committed by the Com- 
missioners of Jackson county stHnd uncor- 
rected by judicial decision. And that is all 
there is of the Jackson County case. 

The Republic County case was this: The 
apportionment act of 1886 divided Republic 
county into two representative districts, 
numbering them respecti'^y- as districts 
seventy-three and seventy- four. The ap- 
portionment act of 1891 made Republic 
County a single district, and numbered it 
sixty-one. At the election of 1892 J. M. 
Foster and J. W. Wilds were opposing can- 
didates for Representative. In some of the 
township ■* votes were cast and returned for 
each candidate as having been cast in dis- 
trict numbered "73,"' and the county canvass 
so stated. The county clerk certified the 
canvass to the Secretary of State as made by 
the county board. The Higgins outfit added 
these together, and by so doing, gave the 
certificate of election to Foster, whereas, 
had they simply acted upon the vot s re- 
turned as having been cast in "district 61," 
Wilds would have been entitled to the certi- 
ficate. Wilds, not claiming that he had 
been elected by a majority of the votes cast 
in his county, nevertheless claimed that the 
error which was committed by placing the 
wrong district on the ballots was one which 
the State Board of Canvassers could not 
correct, but which the House of Repre- 
sentatives alone could determine; and 
so he commenced mandamus against 
the State Board of Canvassers to compel 
them to canvass the votes as returned to 
them by the County Clerk of Republic 
county, and award him the certificate of 
election. The Supreme Court held, and 
perhaps correctly in this case, that the 
designation of a district on a ballot was 
wholly unnecessary, and that the vote cast in 
the whole county should have been can- 
vassed as an entirety, and the result de- 
clared accordingly, and so refused the writ 
of mandamus asked for by Wilds. This case 



decided nothing except as already stated, 
that it is unnecessary to designate the dis- 
trict on the ticket or ballot 

These are the four cases which were de- 
cided it the Supreme Court before the Legis- 
lature met. They had not and could not have 
any effect whatever upon the organization 
of the House of Representatives, or upon 
determining the status of any member, or 
of any perty, except that in the Haskell 
and Coffey county cases, the court refiised 
to exercise the powers it possessed to correct 
a wrong which had been committed in the 
one case bj the County Clerk, and in the 
other by the County Commissioners. 



IN AUG OR iL DAY. 



A NOTABLE GATHEEING AT EEPEESENTATIVE 
HAIil. — THE END OF EEPUBLIGAN DOMINA- 
TION- "a Qi VEENMENT OF THE PEOPLE, BY 
THE PEOPLE AND FOE THE PEOPLE." — SEEDS 
OF DISOOED SOWN. 

On Monday, January 10, the entire ma- 
chinery of state wasr for the first time 
in the history of Kan^^as, surrendered by the 
Republican party, whose representatives in 
the various departments of the capitol build- 
ing reluctantly yielded the reins of govern- 
ment to the People's party. During the 
thirty years in which they had retained con- 
trol there was never such a monster demon- 
stration at the inauguration of a new 
Governor and a new administration as on 
this occasion, nor were the ceremonies ever 
before so imposing and significant. 

Chairman Breidenthal's invitation to the 
farmers to come to Topeka and see'the peo- 
ple's Governor inaugurated had been re- 
ceived with genuine approval, and was very 
generally accepted. Visitors from the agri- 
cultural districts of the Ptate, from the Blue 
to the Arkansas river valley, and from the 
Missouri to the foot-hills of the Rockies, 
came pouring in by hundreds and by thou- 
sands, filled with enthusiasm over their 
grand victory and anticipations of the glor- 



INAUGURAL DAY. 



15 



lous results to follow. There was probably 
never before suoh a gathering assembled in 
this commonwealth as that which at noon, 
on January 10, tilled Representative hall to 
watch the inauguration of Governor L. D. 
Lewelling. Each individual in the vast 
ohrong, whose sympathies were with the 
movement that had relegated Republican 
rule to the rear, felt, as one of the speakers 
expressed it, that the great common people 
were at last to see inaugurRted an adminis- 
;ration of tlieirown, and that they would 
ive to see many a repetition of 
;his scene in years to come. They 
:elt that it was "appropriate that in this 
rreat State of Kansas, where the first battle 
/as fought for the freedom of the black 
lave, the battle should be begun that is to 
ree the white slave." They who had en- 
lured oppression, persecution, and misrep- 
esentation, and who had borne the brunt of 
ihe battle, for once appeared as victors in a 
triumphed march whose glory was never 
squalled in the palmiest days of Rome. 

There were hundre<^sof Republicans pres- 
ent, too, and a vast number of ladies of 
every political party, while the entire roster 
if retiring state officials attended with the 
ibject of appearing to "take their medi- 
cine" serenely. Then there were the lead- 
ers of the now dominant party, whose ban- 
ners had led the Populist hosts to victory, 
and whose bosoms doubtless swellel with 
'pride a ■ this magnificent ovation from their 
loyal and devoted followers. Among those 
who were the object of especial attention 
were John Willits, Judge Rightmire, Con- 
gressman Simpson, Levi Dumbauld, Dr. 
yicLallin, S. S. King, S M. Scott, Dick 
Dhase, S. H. Snider, J. R. Detwiler, Charles 
VEoody, Colonel F. J. Close, Messrs. House- 
tiolder and Yount, with a score of others 
equally celebrated for gallant work for the 
people's cause. Mrs. Mary E. Lease was 
the observed of all observers and there was 
also present a distinguished visitor in the 
person of Hon. A. J. Streeter, of Illinois, 
who in 1888 was the candidate of the Union 
Labor party for vice-presiri'^^t. 

Representative hall was superbly decor- 
ated and never looked so beautiful as on this 
occasion. The brightest evergreens en- 
circled with many a fold the electric lamps 
of the great chandelier suspended from the 



central ceiling, almost concealing that mag- 
nificent ornament from view. From this 
emerald mid-air bower — a miniature hang- 
ing garden of Babylon — cables of like ma- 
terial extended to the corners of the hall, 
the strands made firmer by knots of red rib- 
bon. More evergreens, fluttering flags and 
rich floral ornaments adorned the walls, 
while the speaker's stand was fairly buried 
beneath the lavish display of tropical plants 
and the whole was crowned by a great 
basket of choicest roses, resting on the desk 
of the presiding officer. 

Above the main entrance to the spacious 
room was the picture of John Brown, the 
hero of Osawatomie and of Harper's Ferry; 
on either side of the speaker's desk, the 
familiar likenesses of Washington and Lin- 
coln ; on the north and south walls, life size 
portraits of the ex-governors of Kansas, 
and, most conspicious of all, the state's 
great flag, its graceful folds lashed to the 
gallery pillars with wreaths of evergreen 
and roses. ' 

A. few moments befors 11 o'clock, the 
ladies of the Shawnee County Alliance ap- 
peared on the platform and unfolded to the 
view of the audience a gleaming banner of 
silk, trimmed with gold bullion and bear- 
ing, in letters of gold, the familiar motto 
of the Farmers' Alliance: 

A GOVERNMENT 

Of the People, By the People 

And For the People, 

Shall Not Perish. 

A. LINCOLN. 

At this sight a great shout went up, and 
the wave of enthusiasm rose still higher 
when there was displayed in the most prom- 
inent part of the hall, a life-size portrait of 
Governor Lewelling, done by a Topeka 
artist. 

Oh, it was a glorious day for those loval 
people who had stood up for Kansas in her 
hour of peril, and at a time when the ruling 
power had reduced them to the condition 
almost of serfs, while yet retaining as sov- 
ereign citizens of the Republic, a full knowl- 
edge of the grievous wrongs to which they 
had been subjected. 




INAUGURAL DAY. 



The hands of the big clock in Represent- 
ative Hall had barely met at the meridian 
hour, when Governor Lewelling, accompan- 
ied by Mrs. Lewelling, and their daughters, 
Jessie and Pauline, entered the room, 
closely followed by the new State ofl&cials, 
and these in turn by Governor Humphrey 
and the retiring ofl&oials of the outgoing 
administration. 

Hon. John W. Breidenthal, chairman of 
the People's,Party State Central Committee, 
called the assembly to order and said: 

Vve have assembled here to witness the 
inaujjural ceremonies of the first People's 
party administration on earth. That the 
new party will have the good will of the 
people of Kansas is made evident by the 
magnificent audience which greets us here 
to day. 

He then introduced the Rev. W. G. Todd, 
who in a brief prayer implored the Almighty 
that the men who had been given control of 
the affairs of state might prove to be men 
who could stand for the right and the truth, 
whatever temptations should confront them. 
Governor L. U. Humphrey was then in- 
troduced by Chairman Breidenthal, and, ac- 
companied by his successor, advanced to 
the platform amid the heartiest applause. 
His farewell address gracefully recognized 
the fitness of his ''worthy successor" to 
meet the high responsibilities of the ofl&ce, 
which he said he surrendered with pleasure 
and satisfaction. In conclusion, Governor 
Humphrey said: "I have now the pleasure 
and satisfaction of introducing to you my 
honored and worthy successor, Governor 
Lewelling." 

This was the signal for an outburst of 
applause that made the walls fairly tremble, 
and as Governor Lewelling advanced to the 
front of the platform the cheering assumed 
an increased vigor, while many of the more 
enthusiastic partisans present threw their 
hats in the air and in other ways evinced 
their feelings of joy. 

The Governor's inaugural address was 
delivered with an earnestness, ease, grace 
and eloquence that won the cordial approval 
of even his bitterest opponents, and at its 
conclusion his adherents felt that their 
standard bearer was in every way worthy of 
their trust and had vindicated the high 
cause for which they had striven so long^ 
so earnestly and so successfully. 
At the oonolnsion of his address the oath 



of office was administered to Governor 
Lewelling by Chief Justice Horton, and the 
formal announcement was made that he 
was now the chief executive of Kansas. , j 
The great seal of state was handed over to i 
Governor Lewelling by his predecessor, and 
the several officers of the new administra- 
tion were successively introduced by the 
retiring incumbents and took their official 
oaths, each placing his right hand upou the 
Bible, and afterwards imprinting a kiss 
upon the Book. 

The inaugural exercises occupied exactly 
an hour, within which brief time a change 
was made that is destined to work favorably, 
for all time to oome, to the welfare of the 
people of a commonwealth which in breadth 
of territory, natural resources and popula- 
tion surpasses the majority of the king- 
doms, principalities and grand duchies of 
the Old World, and which to-day is known 
by name more widely in foreign lands than 
even the Great Republic of which it is but 
one of the forty- four sovereign states. 

The details of this day's proceedings have 
been dwelt upon at this length because it is 
felt that never in the history of Kansas was 
there an occurrence of so much significance- 
to the people, not only of Kansas but of the 
whole American Union. It was the first 
signal triumph over plutocracy, the knell of , 
corporation rule, the ushering in of a new I 
era. Once more could it be truthfully said, 
" The Lord has turned again the captivity of 
Zion." Those who were present on this oc- 
casion will hand down to their children and 
their children's children, a legend that will 
be cherished as sacredly and redound as 
greatly to the credit of the chief actors in 
the bloodless revolution by which Kansas 
was redeemed, as fell to the lot of the de- 
scendants of the Pilgrim Fathers, the sign- 
ers of the Declaration of Independence, or 
the heroes of 1776, who freed this nation 
from foreign rule. 

On the evening of Inaugural Day there 
was another notable gathering at Repre- 
sentative hall, when the auditorium and 
galleries were packed with loyal adherents 
of the new dominant party and patriotic 
speeches were made by orators who had 
during the campaign made their influence 
felt throughout the State. Thus closed a 
day that will be memorable so long as 



THE OVERT ACT. 



history shall' chronicle events vitally affect- 
ing the welfare ot the people, and yet, 
while there was not a sin rjle incident sug- 
gesting aught bat peace aud good will 
throughout the entire programme, the organ 
of the corporations next morning announced 
"A Collision Likely," and^ sowed the seeds 
of discord whose rank growth during the 
ensuing week was destined to place Kansas 
before the world in the light of a com- 
munity in which anarchy reigned supreme 
and law was more lightly esteemed than 
the thistle down that floats hither and 
thither at the mercy of the soutn wind in 
the summer season. 



THE OVERT ACT. 



THE OBGANIZATION OF THE HOUSE OF BEPP.E- 
SENTATIVES — BEVOLUTIONAEY OONDTJCT OF 
THE i^EPUBLIOANS — LAW AND PEEOEDENT 
DEFIED — THE POSITION OF THE PEOPLE'S 
PAETY — BIBTH OF THE DUAL HOUSE. 

High noon of January 10 was the hour set 
for convening the Lower House of the Kan- 
sas Legislature, which, because of the re- 
markable condition of affairs already out- 
lined and of the determination of the 
Republican conspirators to capture the or- 
ganization, was destined to have the most 
turbulent career of any similar body ever 
assembled in the state. 

For weeks the agents of the corporation 
party had spread broadcast at home and 
heralded abroad through the medium of 
special correspondents, the report that seri- 
ous trouble, if not an actual collision be- 
tween armed factions, would attend the 
organization of the House of Representa- 
tives. Open threats were made and boast- 
ful and exaggerated claims indulged in, 
which had the effect of awakening unprece- 
dented interest in the preliminary proceed- 
ings. It was apparent that every means 
would be resorted to by the Republicans to 
secure control of this body and in order to 
cover their own insidious designs they gave 



it out that their opponentsjwere massing a; 
armed force at the capital to overawe tb 
authorities and seize by force of arms th( 
right and power»with^which they had bee 
entrusted by the vote of the people at tl 
November election. It had undoubtedly 
been agreed beforehand by the Republicans, 
that, if necessary, force should be resorted 
to and these rumors were designed to give 
a color of excuse for-strikingSanother blow 
at the liberty of the peoplejand inausurat- 
ing civil war in Kansas. 

The elaborate decorations of the hall 
which still remained as on Inauguration 
Day— the evergreens and the flowers, the 
flags and the banners, the?portrait? of Wash- 
ington, ot Lincoln, and of |" Osawatomie 
Brown," as well as the pioneer ^Governors of 
the Sunflower State — seemed a hollow mock- 
ery in view of the menacing aspect of the 
situation. 

The floor of the House^^jwas; reserved for 
the members andofficers,.while the ^galleries, 
open to the public, were filled to their ut- 
most capacity, and many^who'^ held tickets 
were unable to obtain admission jby reason 
of the dense throng, which jinciuded many 
ladies interested in the proceedings from 
one cause or another. Their presence and 
that of so large a number of^ distinguished 
Kansans, reminded one insensibly of the 
magnificent description givenllfby Macauley 
of the trial of Warren Hastings. For "the 
fair-haired daughters of the House of Bruns- 
wick" were substituted the no less fair 
daughters of the Sunflower State, while the 
judiciary and state- craft were equally well 
represented. 

Among the first to appear on the flooi 
were Messrs. Rosenthal and Stubbs, the 
former of whom was, especially, an object 
of attention to those interested in th e out- 
come. 

It was precisely 1:30 o'clock when Secre- 
tary of State Osborn appeared with the duly- 
certified roll of Representatives elect, as 
shown by the records in his office, and 
rapped the House to order. He explained 
that, in accordance with the precedents long 
ago established in Kansas and other com- 
monwealths of the Union, it was the unani- 
mous desire of the Representatives of the 
People's party that he should act as presid- 
ing officer, pendingjthe temporary organiza- 



18 



THE OVERT ACT. 




tion of the Kotise, and made, in substance, 
the following stateme 

Gentlemen of Kay:; law requires 

me to lay before the Senate and House of 
Representatives a list of its members as 
shown by the returns in my office. It has 
beea •"..i^tomary. as I understand, in the past, 
for :he =eoretary of stnteto act as presiding 
officer prior to effecting temporary organi- 
zation, but as I find no law conferring that 
atith'"-i+ '-nm. me, I do not care to usurp or 
a>sii , - by unanimous consent. 

Scy.i..,c:i^, '.x-:-x Secretary Osborn comple'^ed 
the statement of his position in the premi- 
ses, when George L. Douglass, of Wichita, 
the oa:;.7r.s nominee of the Republicans for 
Speaker, and in a measure regarded as the 
leader of that- faction ofr.tlie floor of the 
new House at that instant ushered into ex- 
istence, arose and, addressing the Secretary, 
plunged without delay into the vital ques- 
tions involved in the organization. He 
assumed boldly that it was not the preroga- 
tive of the Secretary of State to continue to 
act as presiding officer after having laid be- 
fore the House the roll of members as re- 
ported to his office, irnless called upon by a 
majority of the House to do so. 

Mr. J. M. Dunsmore, of Neosho, repre- 
senting the Populist side, secured recogni- 
tion and, addressing the Secretary of State, 
insisted that, in accordance with precedents 
long established, the Secretary should act 
as the Chairman, pending the temporary 
organization. He argued that the recogni- 
tion of Secretary Osborn by Mr. Douglass 
had already made him the de feieto Chair- 
man of the body, and took the ground that 
objections to certain names on the roll of 
members should be heard and passed upon 
before the roll was regularly submitted. 

Mr. Douglass, in reply, urged that there 
was no warrant or authority for the Secre- 
tary of State acting as temporary chairman 
of the body, and insisted upon his objections 
being held good, and that the Secretary lay 
the roll before the House before reading it. 

Mr. Dunsmore, in answer to this, said 
that, in accordance with recognized rules 
and precedents, the Populists believed it to 
be their right to challenge the name of any 
person appearing upon the roll whom they 
had reason to believe was either not duly 
elected to a seat in this House, or who for 
any reason was disqualified to occupy the 



same He further submitted the following'' 
proposition: .^ 

"We," meaning the Representatives of^ 
the People's party, "are willing that a tem- 
porary organization be effected by the votes 
of members elected whose seats are not dis- 
puted, or by the votes of all persons claim- 
ing seats in this body in good faith." 

This proposition wa§ rejected by Mr. 
Douglass, representing the Republicans, and 
thereupon the Secretary of State said: 

"I repeat again that the law requires me 
to lay before each house a list of its mem- 
bers. I have just performed this duty in 
the Senate, where I found a presiding officer 
to whom I delivered the list. Whenever this 
House has a presiding officer to whom I can 
deliver the list, and I am apprised of that 
fact I shall appear before you again, and de- 
liver the official list to such officer." 

Secretary Osborn thereupon retired from 
the hall and left the assembled claimants 
for seats in the House of Representatives 
without any person to whom they could ad- 
dress themselves for the purpose of making 
motions or otherwise providing for a tem- 
porary organization. 

It was at this juncture that Hon. R. H, 
Semple, of Franklin, one of the duly elected! 
and qualified Representatives, whose st^atV 
was not in dispute, appeared at the Speaker's 
desk and taking up the official gavel assumed 
the authority of calling the House to order. 

This, it is claimed, "he had a right to doj|fi 
upon that fundamental and universally! 
recognized rule of the common law that he| 
who is first in time is first in right, Mr. Sem 
pie's only object being to call the House t0| 
order and preside until a temporary Chair- 
man was elected. 

This eminently proper course was, how, 
ever, by no means in accord with the wishei 
of the Republican leaders nor conducive t 
the success of the conspiracy. As is no^ 
apparent, they had intended from the out 
set to subvert the will of the people of Kan 
sas, in obedience to the desire and dictatioi 
of their corporation masters, and the tim 
had arrived for the commission of the over 
act by the prevention of a fair aad impartia. 
investigation into the rights by which th* 
seats were claimed in this House. To thii 
end they had provided themselves with £ 
certified copy of the report of the retnrninfl 



THE OVERT ACT. 



ID 



board, which one of them had in his posses- 
sion in anticipation of that which next oc- 
curred and which they had previously 
planned. 

Immediately after the assumption by Mr. 
Semple of the position of temporary presid- 
ing officer, George L. Douglass sprang to 
his feet and nominated Mr. Cnbbison, of 
Kansas City, Kan,, for temporary chairman. 
The Republican representatives and Repub- 
lican claimants voted for Mr. Cubbison 
unanimously and that moment the dual 
House of Representatives was born, and the 
complications, perplexities, wrongs and in- 
justice that were to be heaped upon the op- 
position for weeks to come were inaugur- 
ated. 

Each of the presiding offica. s began rap- 
ping for order and in the twinkling of an 
eye the body was precipitated into a perfect 
bedlam of oonf usion. Each speaker shouted 
at the top of his voice in the vain effort to 
drown the voices of competing speakers and 
render their motions unintelligible. A ver- 
itable pandemonium ensued, in which every- 
body seemed to be talking without anybody 
being heard. There was immiaent danger 
of a resort to personal violence, which was 
averted only by the coolness and prudence 
of the Representatives of the People's 
party. In the midst of the confusion Mr. 
Cubbison entertained a motion from the 
Republican side of the House that a roll 
of members be read, and the duplicate list 
of the returning board was produced and 
its reading was proseeded with. 

Both sides of the House, in which a com- 
plete division had by this time taken place, 
now began the work of perfecting a per- 
manent organization. 

Chairman Semple was succeeded by Mr. 
Ryan, of Crawford, who had been chosen 
temporary Speaker, who, in turn, gave way 
to Mr. .J. M. Dunsmore, elected permanent 
Speaker of the House, Mr. Sample being 
elected Speaker pro tern, v 

George L. Douglass, the regular caucus 
nominee of the Republicans, was chosen 
permanent Speaker of the rival House. 

Each of the contending factions appointed 
a committee to wait upon the Governor and 
notify him that the House was duly or- 
ganized and ready for business, and pend- 
ing the recognition of the legal House by 



the executive, the members settled down for 
a struggle that was to be as protracted as it 
was unprecedented in the exciting events at- 
tending it. 

In arrogating to themselves the right to 
organize the House, and pretending so tc 
organize it by themselves, the Republicans 
were guilty of gross usurpation and of the 
violation of every law and precedent. They 
left to the Representatives of the People's 
party no alternative but to either unjustly 
surrender their rights, or t ) firmly assert by- 
legal and proper means that they had duly 
elected a majority of the members of this 
House, the undisputed evidence of which is 
to be found upon their journal. 

In an authorized statement of the pro- 
ceedings and rights claimed by the House of 
which -J, M, Dunsmore was Speaker, which 
statement was adopted in the form of a res- 
olution, and appears upon the House Jour- 
nal (pages 140 to 146) the following prece- 
dent is quoted: 

It must be remembered that this is not the 
first occasion that like conditions confronted 
a legislative body; we are, therefore, not 
without precedent in this case. . At the or- 
ganization of the twsnty-sixth congress, the 
seats of five members from New Jersey were 
contested; they held the certificates. The 
contestants claimed to have been elected. 
The clerk, having called the roll until the 
ntimes of these members ware reached, re- 
fused to proceed further until the 
House should instruct him which 
set of names should be called, 
as the New -Jersey delegation. If the 
certified members should be set side, the ad- 
ministration party would have a majority, 
and could organize the house; otherwise the 
opposition could elect the speaker. Motion 
after motion was made, but the clerk refused 
to put any motion, because he could not de- 
cide who werei members entitled to 
vote. There was a dead-look for 
several days, during which occured 
a memorable debate, participated in by some 
of the ablest men then known to the country. 
Finally the unorganized house, embracing 
both New Jersey delegations, organized as a 
meeting by choosing John Q. Adams as 
chairman ; b ut a motion having been made, 
and the chair having appointed tellers, one 
of them inquired which set of members from 
New Jersey he should count, and 
the chair having stated that the 
certificated naembers should be counted, 
the struggle began again, and an appeal 
from the the chair's ruling having been de- 
manded, the chair declined to entertain the 
appeal, inquiring in his turn who should 
vote on the appeal. At last it was decided 
by a majority of undisputed members that 



20 



RELATIVE STRENGTH OF PARTIES. 



neither set of members from New Jersey 
should be permitted to vote for the time be- 
ing. (See Eighth Congressional Globe.) 

It will be seen that the same identical 
proposition was submitted by Mr. Dunsmore 
for the People's party, and rejected by Mr. 
Douglass for the Bepublican party. 

The thorough investigation made after 
the organization of the House presided over 
by Mr. Dunsmore, and the appointment of 
the Committee on Elections, deanonstrated 
beyond question the fact that the People's 
party did elect the constitutional majority 
of the House of Representatives, the char- 
acter of the testimony in support of this as- 
sertion being shown by an examination of 
the journal records of the House. 



RELATIVE STRENGTH OF PARTIES. 



WHAT THE FACE OE THE BETUENS SHOWED — 
TWENTY-FIVE CONTESTS INSTITUTED — THE 
CLAIMS OF THE PEOPLE'S PAKTV GBEATLY 
OUTWEIGH THOSE OF THE COBPOEATION 
OONSPIBATOKS. 

While both Houses are "sleeping on their 
arms" at the close of the first day's riotous 
session, it may be well to glance briefly at 
the respective strength of the contending 
parties and some of the claims advanced by 
each. 

While the face of the returns showed the 
©lection of sixty-five Republicans, fifry- 
€ight Populists and two Democrats, these 
figures do not denote the precise status of 
the rival Houses. 

The revolutionary body presided over by 
George L. Douglass consisted of sixty-three 
Republicans, with whom Wilson, of Meade, 
elected on an Independent ticket, acted, 
making a total of sixty-four certificated 
members. 

The legal House of Representatives, pre- 
sided over by J. M. Dunsmore, included 
fifty- eight certficated members. 

Notwithstanding the decision of the Su- 
preme Court, by which Mr. Rosenthal was 
deprived of his certificate, the announce- 
ment by his opponent, Mr. A. W. Stubbs, 



that he would refuse to attempt to take his 
seat under any circumstances, left Mr. Ros- 
enthal a clear field, and he, together with 
Messrs. Meagher and Chambers, the other 
two Democratic Representatives, decided to 
stay out of all caucuses and act with neither 
faction for the time being. 

On the part of the People's party eighteen 
contests had been instituted, and on the 
part of the Republicans seven, and the posi- 
tion of the former was that there were 
twenty-five members contesting seats whose 
names should not be called. The facts in 
four of the contests instituted by the Popu- 
lists have been outlined in the decisions of 
the Supreme Court to which they had been 
taken earlier, and that of a fifth in the case 
of the Republican resident of Oklahoma al- 
ready referred to in detail. Six claimants 
to seats in the House were, at the time of 
the election, holding positions as postmas- 
ters, of whom four were Republicans. As 
the constitution expressly declares that "No 
member of Congress or officer of the United 
States shall be eligible to a seat in the legis- 
lature," the Representatives of the People's 
party claimed that the candidates receiving 
the next highest number of votes were en- 
titled to the seats aspired to by the ineligible 
candidates; that due notice of their dis- 
qualification had been given their constitu- 
ents, so that the customary rule of no 
election in such cases did not apply, and on 
other equally strong grounds. 

As to the remaining contests, they were 
based upon the grounds of bribery, illegal 
voting and gross irregularities upon the 
part of the returning boards by whom the 
votes in the several districts were canvassed. 

On the whole it will be apparent even to 
the casual reader, who is unfamiliar with 
the infamous record of the Republicans of 
Kansas during the exciting events attending 
the election and the organization of the 
lower House, that the claims of the Peo- 
ple's party greatly outweighed those of the 
Republicans, and that had an investigation 
resulted in a favorable decision in a mi- 
nority of the cases cited the Populists 
would have had a fair working majority in 
the House. 

Because of the arrogant and unwarranted 
usurpation of power by the Republicans, 
ten of the Populist contestants, whose eleo- 




THE SENATE ORGANIZATION. 



21 



tion was established beyond the peradven- 
ture of a donbt, were granted like privileges 
on the floor of the House presided over by 
J. M, Dunsmore, to those accorded claim- 
ants whose seats were in dispute on the 
floor of the House of which George L. 
Douglass was Speaker, thus making a total 
of sixty- eight Populists answering to roll 
call on that side of the House on the second 
day of the legislative term. These ten mem- 
bers were: 
J. W. Howard, of Doniphan County, 

0. M. Rice, of Coflfey County. 

D. M. Howard, of Shawnee County. 
Ed Shellabarger, of Jackson County. 
V. Gleason, of Greenwood County. 
W. H. White, of Morris County. 
H. Helstrom, of McPherson County. 

1. N. Goodvin, of Ness County. 
F. B. Brown, of Grant County. 
John Morrison, of Gray County. 

Under the existing coo dition of affairs at 
the time of roll call in the rival Houses on 
Wednesday, January 11, their relative 
strength was: Populists, sixty-eight: Re- 
publicans, sixty-four, including Wilson, In- 
dependent; not participating, three, being 
Messrs. Meagher, Chambers and Rosenthal, 
Democrats. 



THE SENATE ORGANIZATION. 



NO SEBIOUS OOMPLIOATIONS AEISE IN THAT 
BODY —A GOOD WOBKING MA JOBITY I OE THE 
people's PABTY — FIVE BEPUBLIOAN SEATS 
CONTESTED. 

Here it becomes necessary to go back a 
little and merely allude, for the sake of the 
nninformed reader, who was not at the time 
following the course of events, to the fact 
that the organization of the Senate was 
effected without any complications of im- 
portance interrupting the proceedings or 
marring the dignity of that august body. 

At 12:10 p. m. on Tuesday, January 10, the 
Senate was called to order by Lieutenant 
Governor Percy L. Daniels, and the oath of 
office was administered to all the members 
except Senator Price, who was absent, by 
Associate Justice Allen, of the Supreme 
Court. 

Senator L. P. King was elected President 



pro tern., and the full roster of officers was 
chosen before adjournment. 

The personnel of the Senate was as fol- 
lows: People's party, 22; Republican, 15 
Democrats, 3. 

Contests were instituted in the case of five 
Republican Senators, viz: Scott, of Allen 
Carpenter, of Neosho; Danner, of Harvey 
Thacher, of Douglas, and Metcalf, of An- 
derson, but with these our narrative has lit- 
tle or nothing to do, as the political com- 
plexion of the Senate remained unchanged 
throughout the session, and the field to 
which the great struggle was confined was 
limited to the House of Representatives. 



EXECUTIVE RECOGNITION. 



GOVEENOE LEWELLING COMMUNICATES WITH 
THE SPEAKEE OF THE POPULIST HOUSE — 
OUTSIDE INFLUENCE BEOUGHT TO BBAE TO 
WIDEN THE BEEAOH BETWEEN THE TWO 
HOUSES. 

During the night of January 10, the dual 
House having remained in continuous ses- 
sion, Messrs. Dunsmore and Douglass slept 
behind the Speaker's desk while the mem- 
bers maintained a constant vigilance to 
prevent either of the opposing factions se- 
curing any advantage over the other. 

At 10 a. m. on Wednesday, January 11, 
both Houses were called to order, an ad- 
journment was taken by each to complete 
the legislative day, and roll call immedi- 
ately opened the second regular day of the 
session. 

The only incident worthy of note was the 
adoption by the revolutionary Republican 
House of a concurrent resolution authoriz- 
ing a committee consisting of two members 
of the Senate and three members of the 
House to wait on the Governor and State 
officials and inform them that the House 
and Senate were duly organized and ready 
to proceed with business. 

This had been done on the preceding day 
by the Dunsmore house, and the matter of 




EXlJCUTIVE EECOaNITION. 



recognition oi one or the other branches of 
the dual House was taken under advise- 
ment by the Executive. 

By muttial consent there was a cessation 
of hostilities, the hope that a compromise 
satisfactory to all parties might be ar- 
rived at having sprung up. A com- 
mittee of fifteen, consisting of five 
representatives of each of the political par- 
ties, met in conference, and pending its re- 
port both Houses adjourned until 9 a. m. on 
Thursday. 

The Senate, meantime, had refrained from 
recognizing a messenger from either house. 

The tenacity with which the- conspirators 
adhered to their plan of precipitating vio- 
lence was shown by their organ, which, on 
the morning of this day, declared it to be 
the plan of the People's party to obtain re- 
cognition by the Governor and the Senate 
and then throw out the Republicans by 
force. If proceedings are commenced in 
the Supreme Court, added the Capital, they 
will impeach one of the Judges and run 
things to suit themselves. 

The following paragraph, calculated to 
widen the breach between the two houses 
and prevent an amicable settlement of the 
difficulty, appeared in the same paper: 

Jerry Simpson said last evening that every 
able-bodied Populist in Kansas would be 
called out if necessary to take forcible pos- 
session of the House. 

On the following morning was published 
an appeal, signed by A. A. Harris and J. B. 
Crouch, leaders of the self-stj4ed Stalwart 
Democracy of Kansas, and generally recog- 
nized as assistant Republicans. It was ad- 
dressed to "Hon. T. G. Chambers, Stephen 
Meagher and Joe Rosenthal, House of Rep- 
resentatives, Topeka, Kan.," and urged 
them to unite their energies and action with 
the Republicans. 

In servile obedience to this Stalwart 
ukase, Messrs. Meagher, Chambers and Ro- 
senthal on this day (January 12) signified 
their allegiance to their masters by taking 
their seats with the Republicans. 

On the same day the Reed rule was adopt- 
ed by the Populist House and thirteen Re 
publicans were reported by the clerk as 
present and participating in the proceed- 
ings. The great sensation of the day came, 
however, when at 5:20 p. m., several hours 
after the three Democrats ha>. so ignomin- 



iously surrendered to the Republican con- 
spirators, the official recognition of the 
House presided over by Mr. Dunsmore came 
from Governor Lewelling. 

The message was brought to the hall by 
the governor's private secretary, Major Fred 
J. Close, ana was by the chief clerk read to 
Speaker Dunsmore of the legal House, amid 
the most perfect quiet. It was as follows. 
ToPEKA, Kan., Jan. 12, 1893. 
J, M. Dunsmore, Speaker of the House of 

Representatives : 

In answer to your communication sent me 
January 10, 1893, notifying me that the 
House was organized with J. M. Dunsmore 
as Speaker, R H. Semple as Speaker pro 
tem., Jen C. Rich Chief Clerk, L. F. Die =. 
Sergeant-at-Arms, and ready for business, I 
desire to say that I will communicate with 
you later in writing. 

L. D. Lewelling, Governor. 

The reading of this message was followed 
by the wildest cheering from the Populist 
members and their friends, as it was 
thought all controversy concerning the or- 
ganization was thus brought to an end, and 
that all danger of serious trouble was hap- 
pily averted. 

At 6:30 p. m. by amicable agreement both 
Houses adjourned until 9:30 a. m. on Friday. 

In the Capital of January 13 appeared the 
following double-leaded call for "A Public 
Meeting": 

It has been suggested that it would be 
well for the citizens of Topeka, regardless 
of party, to call a mass meeting to protest 
against the use of gubernatorial power aid- 
ing the revolutionary spirit now rampant on 
the Populist side of the lower House. The 
people of Kansas should meet and discuss 
the situation in every city and village in the 
State. Let the protests of the people be 
made for the sake of the credit and good 
name of the State. The people have a right 
to protest against anarchy and revolution 
now threatened. Let us have a meeting in 
Topeka. 

In the face of the peace and quiet prevail- 
ing in Representative Hall, of the negotia- 
tions that had been entered upon for a set- 
tlement of all differences, and of the 
recognition twelve hours before of the 
Dunsmore House by Governor Lewelling, a 
more incendiary and dangerous utter- 
ance could scarcely have been published. 
It reveals the alarm of the corporation con- 
spirators lest their plans would be frustrated 
and demonstrates plainly the persistent and 
insidious effort they were making to bring 



OVERTURES FOR PEACE- 



23 



about an open collision, which they de- 
isigned to use as a cover for more desperate 
Jmeasures to overthrow the legally-consti- 
tuted authorities and reverse the mandate of 
bbx- people of Kansas as expressed at the 
polls in November. 



OVERTURES FOR PEACE, 



EEPKESENTATIVE COEUN'S PEOPOSITION— FOE- 
MAL KEOOGNITION OF IHE POPULIST HOUSE 
BT THE SENATE — ''THE OOUBTS WILL TAKE A 
HAND IN THE GAMe" — NO HOPE OF AGBEE- 
MENT. 

Friday, January 13, was a day of compar- 
ative quiet. On the whole, it saw the 
position of the Populist Representatives 
materially strengthened. The papers in the 
mandamus proceedings instituted in the 
'Supreme Court Thursday evening by Speaker 
Douglass to compel Secretary of State Os- 
b^orn to deliver to the Republican House ail 
the depositions and other documents in the 
contests pending for seats in the House were 
withdrawn early in the morning by the Re- 
publican attorneys, it being discovered that 
they had already been turned o'«'er to the 
legal House, and that the attempt to compel 
an officer to deliver papers that were not in 
his possession was a farce. During the ses- 
sions of the dual House the floor and gal- 
leries were packed to suffocation, as public 
interest in the struggle had been roused to 
the highest pitch. There was no clash be- 
tween the contending forces. 

In the Senate, President Daniels recog- 
nized Benjamin C. Rich as Chief Clerk of 
the House of Representatives, and on ap- 
ipeal the Chair was sustained in such recog- 
nition by a vote of twenty-three to sixteen. 
Several of the Senators iiled protests and a 
general protest was filed by the Republicans. 

The Republican members of the confer- 
ence committee reported that all attempts 
to bring about a settlement had been unsuc- 
cessful. 

The formal recognition of the j. opulist 



House by the Senate as the ' . 
Representatives of the State or i\>Lu^-\^ cr.me 
on the iifth legislative day,.Jau«ary 14,when, 
after a heated debate, the concurrent reso 
lution previoiisl; i'a-jed by the House was 
adopted by a vote of 22 to 17. Senators 
Rodger.,-; and Householder were apooiuted 
as members of the joint committee, and 
immediately left the Senate chamber with 
the members of the House to wait upon the 
Governor, and announce that both Houses 
were organized and ready for biii-iuess. 

On their return they reported that the 
Governor would transmit his message to 
both Houses on Tuesday morning at 10 
o'clock. 

And so the week closed with the House 
over which Mr. Dunsmore presided recog- 
nized by the Governor and the Senate, and 
in both law and equity the legal House of 
Representatives ox the State of Kansas. 
And on this very day it is recorded b\ no 
less authority than the Capital, there was 
made 

"A proposition for a peaceable settlement 
of the controversy between the Populists 
and Republicans, which gives more promise 
of success than any that has yet been made. 
It came from the Populist House, and looks 
to an adjustment of the difti 'ulty without 
the interference of outside influence." 

The proposition referred to was pre?ented 
by Representative Cobun, a Populist, and 
adopted by the legal House, being in the 
form of a resolution, as follows: 

Resolved, That in the interest of harmony 
and the hope of a peaceable settlement of 
present difficulties now pending m the 
House, that the Souse oo now adjourn to 
meet at the hour of 4 o'clock, Monday, 
January 16, 1893, with the mutual under- 
standing that no persons shall be admitted 
to the floor or galleries except the iflembers 
and those having contests. 

In offering this resolution Mr. Cobun 
said; "We have been riding upon the 
waves of excitement here for nearly one 
week. I express the sentiment of a large 
naajority of our side of the House when I 
say we want to settle this difficulty; we do 
not intend to deprive you of the opposite 
side of the House of your rights, nor do we 
propose that you shall deprive' us of our 
rights. I say that this can be settled, if we 
can get together free from ail outside in- 
fluences; clear this floor of all persons ex- 



24 



OVERTURES FOR PEACE. 



cept members and those who have contests 
and if wo can, find some peaceable way out 
of this trouble. I believe the whole State 
of Kansas wants to see just such a settle- 
ment. This is no time to publish resolu- 
tions calculated to inflame the people, but 
it is a time for calm thought." 

Mr. Hoch,'of the Republican House, said: 
"I am in perfect accord with the remarks 
from the member on the other side. I have 
come to believe that we are as fine a body 
of men gathered here as could be gathered 
from the State of Kansas. Had these differ- 
ences been left alone to the members of the 
floor, gathered' here:ap a legislative family 
with no outside interference, these differ- 
ences would ilong since have been settled. 
When in the^spirit of friendliness we shall 
meet here'to settle these things among our- 
selves, we will, in! my opinion, succeed." 

It is further recorded that "the resolution 
■was adopted and!!the House adjourne'1 " 

It is evident that at this time, in the ab- 
sence of anger and partisan excitement, Mr. 
Hoch, who wasjthe recognized leader of the 
Republican House, did not regard the mem- 
bers of the rival House as "Anarchists," 
'Revolutionists" or "military satraps." 

And the way the party organ aided in 
furthering the design , to avoid "the inter- 
ere nee of outside influence' was by descant- 
ing in its tjunday 'morning issue on "the 
utterly lawless methods adopted by the 
Populists," in condemning "the military 
control of the House,' in publishing a man- 
ifesto frona Speaker Douglass and the Re- 
publican House in which the Governor was 
denounced as "a violator of right and jus- 
tice,' and the Populist members as "usurp- 
ers attempting to' hold seats in the Legisla- 
ture in violation of the Contstitution of this 
State," and appealing to "the patriotic 
people of Kansas," a very wide range of 
"outside influence," not to lay at their doors 
"the bleeding corpse of liberty, and point- 
ing to enthroned usurpation and revolution, 
exclaim: 'you men are responsible for 
this.' " 

Of a truth, in.th ose days the jewel of con- 
sistency was in the possession of neither the 
Republican press, nor the Republican legis- 
lators. 

In this same Sunday morning paper ap- 
peared, as a further evidence of the desire 



of the conspirators of whom its editor was 
the spokesman to meet the Populists half 
waj in their effort to bring order out of 
chaos, the fourth installment of that drivel- 
ing idiocy and^ illogical hogwash known as 
"Letters to Governor Lewelling," — two col- 
umns of ''insult Hdded to injury," with this 
gratuitous suggestion: 

"The Ben Rich House may continue to 
play at lawmaking, huithe courts ivill take a 
hand in the game before this thing goes 
much farther." 

The italics are our own. Even while os- 
tensibly negotiating for a peaceful settle- 
ment, the Capital showed the hand of the 
conspirators and foreshadowed that which 
ultimately came to pass, when the courts did 
take a hand in the game with a vengeance. 

This is a fair sample of the manner in 
which were received all the overtures for 
peace made by the representatives of the 
People's party. There could be but one re- 
sult expected in the face of such downright 
duplicity and treachery. It was announced 
in the very next issue of the Capital, which ( 
had gone out of its way to interfere where ' 
"outside interference" was otficially depre- 
catea by both sides^of the dual House. 

The rival Houses of Representatives are 
as far apart as they ever were, and the out- 
look for an amicfible adjustment of differ- 
ences is far from encouraging. * * * At 
this time it looks very much as if there 
would be two Houses throughout the ses- 
sion. 

This was literally "the whole thing in a 
nutshell," and ; for it the Capital and the 
clique of conspirators representing the rail- 
road and bank corporations in the political 
arena are responsible. 

On Monday, January 10, the House met as 
provided for in Mr. Cobun's resolution, and 
on motion agreed to hold an informal meet- 
ing with the view, if possible, to devise some 
means to bring about a peaceful solution of 
the existing difficulties. This meeting re- 
sulted in the appointment of a committee of 
three from each side, which committee im- 
mediately went into <t conference, which re- 
sulted as follows: 

After carefully examining all points in 
dispute, the committee on behalf of the 
Popnlist House presented the following 



TWO IMPORTANT ACTS. 



25 



proposition to the committee representing 

the Republican House: 

John Seaton, Col. A. Warner and J. A. 

Troutman: 

We submit the following proposition: 
That Judge Foster, Judge Morton and 
Judge Allen be agreed upon as a commis- 
sion of three before whom all contest cases 
shall be submitted for settlement, and 
whose decision shall be final in all cases. 

This proposition was unanimously re- 
jected by tie Republican committee. 

The committee on the p^rt of the Popu- 
lists then proposed to drop Judge Foster 
and allow the two remaining judges to select 
the third one. This proposition was, also 
rejected. 

The committee then adjourned to meet on 
the following morning, at which time it was 
decided by common consent that further 
negotiations were unnecessary, as there was 
no hope of agreement, and the committee 
so reported. 

The Populist committee of conference in 
this instance consisted of M. W. Cobun, W. 
H. Ryan and W. M. Campbell. 



TWO IMPORTANT ACTS. 



THE KEPUBLICANS GO THEOUGH THE FAKOE OF 
ELECTING A STATE PBINTEE — THE POPULIST 
HOUSE AND SENATE IN JOINT SESSION ELECT 
JOHN MABTIN UNITED STATES SENATOK — LE- 
GALITY OF THIS ACTION UNQUESTIONED. 

On Tuesday, January 17, the House pre- 
sided over by George L. Douglass, together 
with fifteen Republican Senators, held an 
alleged joint session and inaugurated the 
farce of attempting to elect a State Printer, 
but without the ability to secure a majority 
among their awn number for any one of the 
candidates, although the caucus nominee 
received 79 of the 83 votes, legal or illegal, 
held necessary to a choice. The second day's 
balloting resulted in a similar manner, and 
the whole subject may here be disposed of 
in a few words. 



The Populist Senate and House refrained 
from holding a new election for State Prin- 
ter until later in the same month, 
when E. H. Snow was re-elected. 
The fact that he to-day retains that 
position, and that there is no pretense 
of questioning his authority, is one of the 
strong proofs of the validity ot the action 
of the Populist House, and also of the im- 
potency of the rival house to successfully at- 
tack Mr. Snow's claim. 

Another striking proof of the inconsist- 
ency of Republican pretensions and Repub- 
lican action, or rather inaction, is seen in 
the fact that Hon. John Martin, who was 
elected at a joint session of the Senate and 
the Populist House to be United States Ben- 
ator from Kansas for the next two years, was 
duly admitted to a seat in the Senate of the 
United States and is to-day participating in 
the work of that most dignified and august 
of American legislative bodies. Now does 
any Republican, much less a Democrat or 
Populist, entertain the slightest idea that 
Senator Martin will ever be unseated, or 
that the so-called contest instituted by J. W. 
Ady, the choice of an alleged joint session 
of the two branches of the Legislature sim- 
ilar to that which attempted to elect a State 
Printer, will ever amount to anything more 
than a formal oomplianoe with the instruc- 
tions given the Senate Committee appointed, 
to investigate the election in the Kansas Leg- 
islature? 

Did the Republioans regard as sound the 
subsequent decision of the Supreme Court 
in the Gunn case, is it at all likely that they 
would permit the election of Senator Martin 
by the Populist House and State Senate to 
stand? And if the action of the House in 
thus electing a United States Senator is in- 
vulnerable to attack, wherein did the status 
of the Populist Heuse change in the eyes of 
the law, save by the decision of the Supreme 
Court just referred to, and which has from 
the day on which the opinion was handed 
down by Chief Justice Horton been the 
subject of the severest censure and most 
scathing criticism? 

The fact is that the decisions of the Su- 
preme Court of Kansas in the mandamus 
proceedings instituted by Rice and Rosen- 
thal, in which it was held unlawful to go 
behind the returns of a canvassing boards 



26 



THE ELECTIONS COMMITTEE. 



and in which the well known principle that 
the House is the exclusive judge of the elec- 
tion and qualifications of its members was 
reaffirmed by this court, together with the 
recognition of the Populist House by the 
GoTernor and the co-ordinate branch of 
the Legislature, the Senate, under the above 
law, established conclusively and irrevoca- 
bly the legality of the body presided over 
by Mr. Dunsmore as the constitutional 
House of Representatives of tbe State of 
Kansas. 

It is because of this that two of the 
most important acts of the Legislature of 
1893 — the re- election of State Printer Snow 
and the election of Hon. John Martin as 
United States Senator, remain virtually un- 
questioned, and will so remain for all time 
to come. 



THE ELECTIONS COMMITTEE. 



THE DEOISION IN "tHE POSTMASTEB OASES" 
SUSTAINED BY HIGH AUTHOEITX — THE GEAY 
COUNTY CASES — SEVEN POPULIST CONTEST- 
ANTS SEATED.. 

In both Houses Committees on Elections 
were appoi»ted by their respective Speakers 
on Tuesday, January 17. and the work of in- 
vestigating the contest cases was actually 
commenced. The Populist Elections com- 
mittee, of which Representative A. H. Lup- 
fer was Chairrnan, consisted of five People's 
party members and two Republicans. The 
latter, however, refused to act, maintaining 
that the Douglass pretended house was the 
constitutional bod v. 

The first report of this committee was on 
the Coffey county contest, and recommended 
that 0. M.. Rice be given the seat instead of 
T. C. Ballinger, Republican, on the ground 
that the County Ganva.^siug Board of CoflEey 
county intentionally falsified the returns, 
and represented to the State Canvassing 
board that there was a tie between Rice and 
Ballinger, wheu; as » matter of fact, Rice 
had one majority, and was entitled to the 



certificate. This case has been fully ex- 
plained in the chapter on Supreme Court 
proceedings, 

Nick Kline, certificated republican mem- 
ber from Jackson county, whose case has 
also been explained in detail in connection 
with the mandamus proceedings, was de- 
posed because of the omission of the city of 
Holton, in the Legislative act of 1890, from 
the Thirty-eighth Representative district. 

The contest in the Seventy-seventh dis- 
trict, Reno county, was similar to that in 
Jackson county. The County Canvassing 
Board found that J. W. Dix (Republican) 
received 1,535 votes, and W. H. Mitchell 
(Populist) 1,511 votes. J'he committee rec- 
ommended that the votes cast in the city of 
Nickerson be not counted, that city not ap- 
pearing in the apportionment act. This 
gave Dix but 1,262 votes, while Mitchell had 
1,394 votes. The committee, in its report, 
said: 

County Commis3ioners and other can- 
vassing boards ought to be advised in the 
most emphatic manner that their duties are 
purely ministerial — that they are to count 
and canvass the returns as made to them by 
the proper officers; that they do not possess 
any of the powers of a contest court, much 
less any legislative power. It has been said, 
and will likely be said again, that the votes 
canvassed by the commissioners in excess of 
those returned from the several precincts 
constituting the districrs as defined by law, 
were cast in territory which ought to have 
been included in said districts respectively. 
If such should prove to be the case the ques- 
tion is one for the Legislature to determine, 
and not for the County Commissioners. In 
view of the facts in the case the acts of the 
Commissioners were illegal and wholly un- 
authorized, and their illegal acts confer no 
right or authority to office: and all votes 
added by the County Gommmissionerc as 
canvassers to those actually cast in the dis- 
trict created by law should be rejected and 
disregarded. 

In the case of Fox Winnie against S. F. 
Danner, the sitting member from the Thir- 
tieth Senatorial District, composed of Mc- 
Pherson and Harvey Counties, the causes 
alleged by the contestant were bribery, 
fraud and corruption on the part of judges 
of elections; malconduct, fraud and cor- 
ruption on the part of the board of county 
canvassers; not eligible to office; illegal 
votes; errors and mistakss on the part of 
judges of election and board of cavassers; 
intimidation. 

With reference to the case of John Morri- 



eon, ■who claimed a seat in tiie House as a 
Representative for the One Hundred and 
Twenty-second Representative District! 
Gray County, his petition alleging that 
frauds had been committed in several of 
the townships at the election held for Rep- 
resentatives on the 8th day of November, 
the committee sent a subpcena to the County 
Clerk of Gray County, requiring him to 
bring before the committee the poll-books 
and the package of tickets returned by the 
judges of election from certain townships 
to him as County Clerk. This was done, 
and the committee counted the votes or bal- 
lot so produced, and found that the judges 
of election had. fraudulently counted eigh- 
teen blank ballots as if they had been cast 
for Mr. Douglass, and had counted five bal- 
lots for Ora B. Douglass, the Republican 
candidate, which had actually been cast for 
Mr. Morrison, thus giving Mr. Douglass 
twenty-three more votes than he received, 
and depriving ilr. Morrison of five votes 
actually cast for him, making a difference 
of twenty-eight votes. The County canvass 
gave Mr. Douglass fifteen majority, when 
in fact Mr. Morrison had thirteen majority 
an^ was honestly elected. Upon finding 
these facts the House justly gave the seat to 
Mr. Morrison. 

The report of the Committee on Elections 
included the evidence and legal argument 
and precedents justifying the decision of 
the House, in which the following cases in 
which the contestees were filling the posi- 
tions of federal postmasters at the time of 
their election: 

First district, Doniphan county — J. M. 
Howard vs. James A. Campbell. 

Thirty-fifty district, Shawnee county — D. 
M. Howard vs. A. C. Sherman. 

Ninty-ninth district, Ness county — I. N. 
Goodwin vs. R. O. Elting. 

One hundred and twentieth district. Grant 
county — F. B. Brown vs. Peter Bowers. 

With reference to these "postmaster 
eases," says the oflicial statement of the or- 
ganization of the House, as found in the 
House journal (pages 140 to 146), waich 
statement was introduced in the form of a 
resolution by Mr. Wright, of Edwards, it 
should be remembered rhat section 5 of ar- 
ticle 2 of the constitution of this State pro- 
vides that no member of Congress or officer 
of the United States shall be eligible to a 



seat in the Legislature. The Supreme Court 
of California, in the case of Searey vs. Grow, 
15 Cal. 117, in passing on a similar proposi- 
tion, in which one Grow was elected to the 
office of sheriff, and at the time of the elec- 
tion held the United State office of post- 
master, but resigned prior to his being 
qualified and entering upon the duties of 
his office, the court used the following lan- 
uage in defining the word "eligible:" "Ws 
understand the word 'eligible' to mean cap- 
able of being ch©seii — the subject of selec- 
tion and choice. The people in this case 
were clothed with this power of choice; their 
selection of the candidate gave him ail the 
claim to th* office which he has. His title 
to the office comes from their designation 
of him. But they could net designate or 
choose a man not eligible — that is not cap- 
able of being selected They might select 
any man they choose, subject only to this 
exception, that the man they selected was 
capable of taking what they had the power 
to give. We do not see how the fact that he 
became capable of taking that office after 
they had exhausted their power of choice, 
can avail the appellant. We do not see how 
it can be argued that, by the acts of the can- 
didate, the votes which were ineffectual 
when cast, because not given for a qualified 
candidate, became effectual to elect him to 
office" 

It will be seen that the decision of the 
Elections Committee in the "postmaster 
cases" is sustained by high authority. 

On Friday, .January 20, the House, by a 
unanimous vote, adopted the report of the 
Elections Committee and seated the follow 
ing members: 

Doniphan County— J. W. Howard (Popu- 
list) seated in place of J. A. Campbell (Re- 
publican). 

Coffey CouTitj'— 0. M. Rice (Populist) in 
place of T. C. Ballinger (Republican). 

Jackson County — Ed. Shellabarger (Pop- 
ulist) in place of Nick Kline (Republican). 
' Reno County— W. H. Mitchell (Populist) 
in place of J. W. Dix (Rt- publican). 

Shawnee County— D. M. Howard (Popu- 
list) in place of A. C. Sherman (Republi- 
can). 

Ness County— I. N. Goodvin (Populist) in 
place of Richard O. Elting (Republican). 

Grant County— F. B. Brown (Populist) in 
place of Peter Bowurs (Republican). 



THE MORRIS COUNTY CASE. 



FBAUDULENT CONDUCT OF THE JUDGES OF 
ELECTION IN OHIO TOWNSHIP — THEIE CON- 
DUCT STEONGLY OENSUEED BY THE HOUSE. 

On Saturday, January 21, the Committee 
on Elections submitted to the House a re- 
port, which was adopted, recommending 
that W. H. White, Populist, be seated as the 
member from Morris County, instead of H. 
E. Richter, Republican. Eichter's major- 
ity, according to the returns of the Canvass- 
ing Board was eight, but the committee, 
upon fully investigating the case, found that 
Mr, White was elected by a majority of 
fifteen. It was found that seven non-resi- 
dents had voted; that, in Ohio Township, 
two ballots — one Democratic and one Pro 
hibition — were rejected, upon each of which 
was a vote for White; that C. L. Thomas, 
one of the Judges of Election in Ohio Town- 
ship, substituted a number of Republican 
ballots for Populist ballots, this number 
being not less than seven, nor more than 
twenty, etc. As this was a peculiarly aggra- 
vated case we quote from the report of the 
committee: 

Respecting the fraudulent conduct of the 
Judges of Election, the testimony shows, 
that at the November election held in Ohio 
Township, C. L. Thomas, D. Brooks and H. 
H. Bailey were the Judges of Election. Mr. 
Thomas took the tickets from the box, and 
handed most of them to Brooks to read, and 
Bailey strung them. During the counting 
of the votes, ballots "were lying all over the 
connter" where the ballot box stood, and 
Thomas had ballots in his hand from time 
to time which he had taken from the table. 
He was seen to fold up such ballots, and his 
actions attracted such attention that he was 
openly accused of changing ballots, that is, 
substituting tickets taken from the table for 
those taken out of the ballot box. Mr. C. 
H. Titus testified that he was present during 
the counting of the votes, and that Mr. 
Bailey, one of the judges of the election, 
openly charged Mr. Thomas with changing 
ballots, using the following words: 

"Here, Thomas, yon must stop that chang- 
ing of ballots; that is two or three I have 
seen you change,^ ^ 

Mr. G. W. Campbell testifies to the same 



or a similar transaction during the same 
counting. He says the following colloquy 
took place between Bailey and Campbell: 

Bailey — I want you to quit changing those 
tickets. 

Thomas — I am not changing them. 

Bailey— Yora did; I saw you; there is an- 
other [ticket] lying there, folded up. 

Mr. Campbell states that Thomas hesi- 
tated awhile, and then he said he had 
"folded up the ballot to throw at the boys." 
Mr. Campbell also testifies that the ballot 
which Bailey had charged Thomas with sub- 
stituting for a ballot taken from the ballot- 
box "was a Republican ticket," and was 
counted. 

Mr. Bailey, one of the judges of said elec- 
tion, also testified. He says that Mr. Thomas 
did change the ballots, and the remarkable 
story of fraud and corruption which he tells 
should be repeated. in his own words, that 
the people, not merely of the Fifty-seventh 
District, but of the whole State, may under- 
stand how they are robbed and defrauded of 
their votes, and how the ballot box is robbed 
by men who pose as its protectors. Mr. 
Bailey says that he was sitting with his face 
toward Thomas, having his hat down over 
his eyes, but so adjusted that he could plain- 
ly see both of the hands of Thomas, and, 
watched Thomas' movements. *-" e quote 
from Mr. Bailey's testimony, as follows: 

"Thomas took the tickets out of the box, 
Brooks read them, and I strung them. * * 

* The first thiqg that attracted my atten- 
tion, he was taking the tickets out of the box 
long before it was necessary, then holding 
them down in front of him under the edge 
of the table and opening them enough so 
that he could uee the heading of them; then 
he would fold them back, and throw under 
the right hand; then he would put 
his right hand under the left, 
and was working with the tickets 
until Mr. Brooks would get ready for it. 
Then he would unfold the ticket and hand 
it to Mr. Brooks, Then as soon as Mr. 
Brooks commenced to read the ticket he 
would take another odt of the box, and go 
through the same motion as he did before, 
with part of the tickets. I noticed him do 
this for four, five or six times. The desk 
the ballot box stood on was about four 
inches lower than the table the clerks worked 
upon, and projected over the table the bal- 
lot box stood on about three inches. There 
\ ere two tickets lying under this projection, 
folded up the same as ballots in the box. He 
took a ticket out of the ballot box, held it 
down in front of him under the edge of the 
table, and opened it enough to examine the 
heading, placed it in his right hand as be- 
fore, put it under the other hand and worked 
it under the same as he had before. His left 
hand was within an inch or two of those 
two tickets under the projection. Then he 
worked the ticket that he took out of the 
box back under his hand, and took one of 
the other tickets that lay there. Then he 



KIOWA COUNTY BRIBERY CASE. 



29 



unfolded that ticket and handed it to Mr. 
Brooks to read. The ticket that he took out 
of the box at that tisne was a People's party 
ticket. The one he took in its place was a 
Republican ticket. The way I know that 
the first one was a People's party ticket was 
that I saw the heading of it, and of the one 
that he put in its place being a Republican 
ticket I saw it and heard Mr. Brooks read it, 

"When I discovered what I have just re- 
lated, I demanded of Mr. Thomas to hand 
Mr. Brooks the ticket he took out of the 
box. He said he did. I told him he did not, 
for I saw him change it. He said that he 
did not change it. I told him he need not 
deny it, as I saw him do it. He further de- 
nied but would give no explanation. * * 
* He did not get out of humor, but simply 
denied it. * * * I presume he must 
have changed seven or eight from this first 
time T saw him working with them. He 
might have changed fifteen or twenty be- 
fore I commenced noticing him." 

Mr. Bailey says that other persons had the 
same opportunity to observe Mr. Thomasas 
he had. Messrs. W. Myers, Henry Mjers, 
G. B. Campbell and R. H. Bogle were also 
in the room, and they testified as to the con- 
duct of Mr. Thomas during the counting of 
the votes. From the whole testimony your 
committee find that Mr. Thomas was guilty 
of the most flagrant violation of the pro- 
visions of section 20 of the election law, 
which requires that the ballots be taken out 
one at a time, by one of the judges, who 
shall himself read the names thereon aloud, 
before another ballot shall be touched, h e 
did this for a while, and then, instead of 
reading the ballots himself, he passed them 
to Mr. Brooks to read, and spent his time in 
stealing tickets and examining them se- 
cretly, and changing tickets which had 
never been cast for ballots which had actu- 
ally been voted. The animus of the man is 
shown by the testimony of G, W. Campbell 
■who describes Mr. Thomas' conduct while 
he (Thomas) was reading the ballot. Mr 
Campbell says: 

"During the first part of the count Mr. 
Thomas appeared to be well pleased. The 
tickets were mostly all Republican at the 
time. He was gathering up handful of 
tickets and throwing them at the boys — 
reaching over and getting them off the table. 
He would, when he would get a Republican 
ticket, read it out very distinct; but when he 
would get a People's party ticket, he would 
read it with a whine. About the middle of 
the count, the People's party ticket com- 
naenced to gain, and came up within four or 
five of the Republican. 

"Mr. Thomas commenced to get nervous, 
and would take a ticket out of the box be- 
fore Mr. Brooks got through reading the 
previous one. Ifter a while, as soon as he 
handed iJrooks a ticket, he would take out 
another and open it and look at it. He 
would take them down on his lap and appear 
to be opening them. After he had taken 
down from fifteen to twenty, as near as I 



could tell, Mr. Bailey made the charge." 

Your committee respectfully submit, that 
the testimony clearly shows that Mr. 
Thomas should be prosecuted and convicted 
of a felony, for violating the provisions of 
section 219 of the act relating to crimes 
and punishments, and that if the proper 
officers fail to bring him to justice, they will 
be grossy derelect in the performance of an 
important public duty 



KIOWA COUNTY BRIBERY CASE. 



UNBLUSHING ATTEMPTS OF THE REPUBBIOAN 
CANDIDATE TO BUt HIS WaY INTO THE 
HOUSE — A BEMEDY FOB TKIOKEEX, FBAUD 
AND OOEEUPTION SUGGESTED. 

"On February 2 the House adopted the re- 
port and resolutions submitted by the Elec- 
tions committee in the contest of J. W. 
Hair vs. J. W. Davis, for the seat of Repre- 
sentative from the Ninety-fourth Represen- 
tative District, embracing the County of 
Kiowa, and J. W. Hair was duly sworn and 
took his seat as a member. This was what 
is known as the "Kiowa County bribery 
case," and reveals another phase of Repub- 
lican manipulation when votes are badly 
wanted. 

By the returns in the office of the Secre- 
tary of State, Davis was shown to have re- 
ceived, as a candidate on the Republican 
ticket, 401 votes, and J. W. Hair, as a can- 
didate on the Populist ticket, 369 votes — 
thus showing a majftrity for David of thirty- 
two votes. There were no other candidates 
for the office. In the statement and notice 
of contest filed by Mr. Hair, it was charged, 
among other things, that Davis had given 
some of the electors who voted for him, and 
had offered to give to sundry other electors 
voting at the same election, bribes and re- 
wards, in money and other things of value, 
for the purpose of procuring his election to 
said office, which grounds of contest were 
duly verified by affidavit. Mr. Davis ignored 
the notice of the committee and remained 



30 



KIOWA COUNTY BRIBERY CASE. 



away, wherenpon the investigation was pro- 
ceeded with in his absence. "■ 

R. 3.Treadway, a resident of Greensbnrg. 
in Kiowa county, testiiied that on the Sth of 
November last, as he was going along the 
street in Greensburg, he saw standing in 
front of a store, Mr. J. W. Davis, who en- 
gaged the witness in conversation, and, 
stepping up to him, pushed into his vest 
pocket a small parcel of rolled up paper, 
and at the same time handed witness a r-e- 
publican ticket, on whi -h was printed the 
name of said J. W. Davis as a candidate for 
Representative of said Ninetji-f ourth dis- 
trict, and said to the witness, "Let's go 
vote." The witness started with Davis to- 
ward the election polls, Davis leading the 
way: in that relative position, the witness 
put the ticket which he had so received from 
Davis into his pocket, and took therefrom a 
People's party ticket which did not contain 
the name of said Davis, and deposited the 
People's party ticket in the ballot box,ashis 
vote at that election. Shortly afterwards 
the witness examined the parcel which Davis 
had thrust into his pocket, and found it to 
be money — a five dollar bill — rolled up. The 
witness further testified that when he had 
voted Davis at once indicated symptoms of 
anger toward him: that it had been their 
custom to meet almost daily, and Davis was 
very cordial toward him, and would come 
across the room to shake hands with him, 
but now their relations were entirely 
changed; that Davis had, since the election, 
sought to avoid him, and would go around a 
block to keep out of Ms way; that since the 
election the witness and Davis had had one 
conversation only, and that was while they 
were on the cars together while the witness 
was coming to testify in this case, in obedi- 
ence to the subpoena served ot him. Davis 
came to witness on the c ir and asked him 
where he was going, and what his purpose 
was; and after the witness had answered 
him, Davis retorted: "You will not get 
back in ten years." The witness further 
said, that at the time Davis gave him the 
money. Davis owed him nothing, ana there 
was no reason why Davis should give him 
the money, and the witness had no other 
thought or understanding from what was 
said or done at the time but that the money 
was given him (the witness) to vote for him 



(Davis) as such candidate for said office. 
The committee found that Davis did offer 
and give the said five dollars to said witness 
as a bribe to procure his election. 

The committee also examined .John Derly, 
who testified that he had for six years last 
past been a resident of Kiowa county, living 
on his farm, some twenty miles northeast 
of Greensburg: that J, W. Davis came to his 
farm about one week before the general 
election in November and offered to the 
witness Sp2 to vote for him and work for his 
election at the polls. The witness aDswered 
that he had no capacity for electioneering, 
and could not do it, and would not take the $2; 
thereupon Davis offered him the $2 to go to 
the polls and vote for him on election day, 
and, holding the money, the two-dollar bill, 
between his thumb and finger, thrust it into 
the witness' vest pocket. The witness took 
the money out and gave it back to Davis, 
saying: "I don't want anything in that way." 
The committee found the fact to be, that 
Davis did at the time and place stated, give 
and offer to Joseph Derley $2 as a bribe to 
procure his election to the oifice of Repre- 
sentaitve from that district. 

Upon the strength of these facts the 
Elections committee, in its report to the 
House (House -Journal, page 1G3) found that 
J. W. Davis was disqualified from holding 
said office, and adds: 

Three other witnesses have be^n duly sub- 
pcenaed at the request of the contestant in 
this case wno have refused to answer the 
command of the subpcena, viz.: Frank 
Leard, David Bright and Willis L. Smith, 
the last of whom has given his voluntary af- 
fidavit of another like act, showing a con- 
stitutional disqualification, but we believe 
that no good purpose can be served ' by a 
further postponement of this case to obtain 
additional evidence of these matters, suffi- 
cient proof having been already developed 
to demand the action of this House, and to 
open the way for fuller investigation in the 
proper criminal courts, The language of 
the constitution applicable to this case is as 
follows: 

"Every person who shall have given or of- 
fered a bribe to procure his election shall be 
disqualified from holding o&ae during the 
term for which he may have been elected." 

So far as declaring J. W. Davis to be dis- 
qualified to hold the office of Representative 
from the Ninety-fourth District, our duty is 
clear; but this brings us to the question, 
whether J. W. Hair, the only opponent of 
Davis at the election, and who received 
thirty-two votes less than Davis, should be 
seated as the Representative of that district 



KIOWA COUNTY BRIBERY CASE. 



31 



instead of Davis. We skould approach this 
question with a less degree of confidence 
were it not for the legislative precedent 
which was established in Kacsas as early as 
18G5. 

lu the contest case then before the Legis- 
lature from Woodson county, of Joel Moody, 
contestant, against Jonathan Foster, con- 
testee, made upon the ground that Foster 
was ineligible because of his being a Post- 
master by appointment under the United 
States, Foster, the Postmaster, was ousted, 
and Moody, who had eleven votes less than 
Foster, was seated. The case was a vigor- 
ously contested one, and the decision was 
sustained by a vote of fifty-nine yeas against 
eleven nays, and there was nambered In the 
majority many of the very most eminent 
and able lawyers who have adorned the his- 
tory of the state. 

It would be difficult to find a substantial 
basis for a distinction between the case ■ in 
1865, above referred to, and the one now 
under consideration. A general statement 
of the authorities respecting the seating of 
the minority candidate will be found in the 
report which was submitted to the House by 
this committee on January 19, and need not 
here be repeated". Many cases may be found 
decided by the courts of this country with 
respect to offices not legislative, wherein the 
declaration of the qualification of the in- 
cumbent merely creates a vs:cancy and re- 
quires a new election or appointment. There 
is substantial justice in saying, that a candi- 
date or constituency which is defeated by 
bribery on the part of the opposing party 
ought not so to be defeated. Our constitu- 
tion provides that questions of the election, 
returns and qualifications of legislative offi- 
cers shall not be subject to the decisions of 
the courts nor bound by their precedents, A 
rule which would be right with respect to 
other offices might be unjust and wrong when 
applied to legislative offices. A member of 
the Legislature cannot be appointed. The 
brief session of the Legislature may termi- 
nate before a new election could be held. A 
district ought not to be unrepresented. The 
whole matter is designedly left to the exclu- 
sive decision of the respective houses. 

Therefore, the committee recommended 
that J. W. Hair be declared entitled to re- 
present the Ninty-f ourth legislative district, 
embracing the county of Kiowa, in the Leg- 
islature of Kansas, which recommendation 
was adopted. 

THE BEMEDY PEOPOSED. 

At the conclusion of the resolution intro- 
duced by Mr, Wright, of Edwards County, 
January 27, to officially settle the facts re- 
lating to the organization of the House, etc., 
was appended the following: 

Resolved, That, to avoid a reoccurrence of 
the possibility of a like controversy in the 
future, that it is the sense of this House, 



that section 8 of article 2 of the constitution, 
which provides that each House shall be the 
judge of the election returns and qualifica- 
tions of its own members, (which though 
handed down to us as emblematic of the 
great fight between the commons and the 
crown , is not adapted to the needs of to- day, ) 
be so amen ed as to permit the settlement 
of all contests of members of the Legisla- 
ture prior to the time set for their convening, 
leading to which object a joint resolution 
has been introduced in the House proposing 
an amendment to section 8, article 2, of the 
constitution, so that said section may read 
as follows: 

"Sec. 8. A majority of each House shall 
constitute a quoruna. Each House shall es- 
tablish its own rules and all contests as to 
the election, returnfe and qualifications of 
the members of either House shall be deter- 
mined in the county or district in which such 
election was held, in such manner as the 
Legislature shall provide." 

We, therefore, the Kepresentatives of the 
several districts, the r umbers of which are 
set opposite our respective names, appeal- 
ing to the Supreme Judge of the world for 
the rectitude of our intentions, do hereby 
solemnly publish the facts hereinbefore 
stated to be a true history of the organization 
of the House of P^epresentatives, and the 
rights for maintaining the same, andhereby 
challenge all statements to the contrary. 

It is not necessary to burden this" record 
further with details of the corrupt and fraud- 
ulent methods to which the Republican 
party, durmg the campaign of 1893. resorted 
to perpetuate its power in Kansas. The 
report of the Elections Committee of the 
Populist House, in each of the contest cases 
commenced, was very full aad complete, has 
been published in other form, and is acces- 
sable to those curious to follow the Republi- 
can plot through all its intricacies and ram- 
ifications. These committee reports, as 
spread upon the House Journal, reveal a^ 
degree of recklessness and criminality that 
is incomprehensible. The proofs are unim- 
peachable, the arguments unanswerable. 
Enough has been already referred to or 
quoted to convey a fair idea of the whole 
From the beginning of the campaign in 
the spring of 1892, until November 8, when 
the struggle ended at the polls, fraud, mis- 
representation and utter disregard of all 
the principles of good government and all 
the rights of a sovereign people marked the 
course of the then dominant party. From 
November 8 until the date of the organiza- 
tion of the Legislature, the plans of the 
conspirators continued to develop daily, un- 



32 



THRUST AND PARRY 



til they culminated in' the revolution that 
divided the House of Representatives, 
blocked legiplation, engendered partisan 
bitterness and strife, paralyzed temporarily 
all business in the State, and drew upon 
Kansas the astonished and contemptuous 
gaze of the whole world. 

Of the corruption of men in high places, 
suspicion and certainty became inextricably 
mixed, the confidence of the people in their 
rulers was shaken and distrust rapidly de- 
veloped into bitter resentment and open re- 
volt, the supporters of corporate greed and 
tyranny as against the people and the com- 
monwealth being in the end deposed from 
power and ignominiously turned down. 



THRUST AND PARRY, 



SPEAKEB DTJNSMOBE INSISTS ON GETTING DOWN 
TO BUSINESS AND DOING SOMETHING FOB 
THE PEOPLE — SPEAKER DOUGLASS TEMPOE- 
IZE8 — HIS EVASIVE AND INSOLENT LETTEE. 

The events of the last ten days of January 
may be disposed of in a single paragraph. 
They included the election of Hon. John 
Martin as United States Senator, the re- 
election of E. H. Snow as State Printer, the 
visit to the Populist House of General 
Weaver, late People's party candidate for 
President, and other matters concerning 
which there is no controversy, though each 
was in itself of surpassing importance and 
interest at the time. During this period 
there was a growing feeling of disquietude 
and apprehension. All the overtures made 
to the Republicans for an amicable adjust- 
ment of differences, all appeals in behalf of 
peace, in the interests of the great common- 
wealth of Kansas, were alike unavailing. It 
was apparent that no proposition looking 
toward the settlement of mooted questions 
and the resumption of the business of the 
session, save one involving a complete sur- 
render of rights by the Representatives of 
the people, would be considered by the House 
over which Geo. L. Douglass presided. 



On Monday afternoon, January 30, Speaker 
Dunsmore transmitted to Speaker Douglass 
the following dignified, firm and business- 
like communication: 

House of Repeesentatives, ) 
January 30, 1893. j 
Horii. Geo. L,. Douglass: 

My Deab Sik: — As by the election of a 
United States Senator and State Printer the 
political reasons for obstruction in the House 
of Represeutativen no ^onger exist, I can 
conceive of no justifiable excuse in your re- 
fusal to recognize the authority of the exe- 
cutive, the Senate and the House of Repre- 
sentatives as now constituted; as a good law- 
yer, you are doubtless aware of the fact (if 
you have taken the trouble to inform your- 
self in relation to the facts and have con- 
sulted the journals of the House) that the 
present status between the executive and the 
legislative departments cannot be disturbed 
or annulled by the authority of any other 
tribunal, unless such tribunal should 
attempt to exercise a power not 
granted by the constitution and the law; 
and that the only possible reason for con- 
tinued obstruction now existing, either to 
your party or personal to yourself, is the 
hope that by legal quibbling, the law's delay, 
and the favors of a paitisaji court, the Re- 
publican party, or at least its manage ■•s and 
Representatives of railroad and other cor- 
porate interests, may prevent the legislation 
that the people demand at our hands. 

Every well informed man in Kansas is 
aware that the railroads and other corporate 
managers in this State are behind you, pro- 
moting and directing the action of your 
party to block the wheels of legislation, even 
going so far, I am informed by good author- 
ity, as to advance the pay you and other Re- 
publicans receive through one of the banks 
if this city, closely connected with certain 
railroad interests. 

If, as you profess, you desire the legisla- 
tion required by the debt burdened people 
of Kansas, is it not about time that you 
give evidence of that fact by recognizing 
the executive and legislative authorities now 
working in harmony? The experience of 
the last session should convince you that 
the legislation required can only be ob- 
tained by political union between the House 
of Representatives and the Senate. Upon 
this union depends, in a great measure, the 
possibility of legislation in favor of the 
World's Fair and many public institutions 
throughout the state, and especially along 
the line of railroad control. 

Two years ago it was the Republican Sen- 
ate against the opposition House. Many 
now desire a Republican House against an 
opposition Senate. In either case the result 
must be the same. As but a few committees 
have been appointed by me, opportunities 
still exist for an adjustment of the present 
trouble in a manner favorable to all con- 
cerned; and to that end I would be pleased 



THRUST AND PARRY. 



33 



to receive and consider any proposition yon 
may deem proper to make, either verbally 
or in writmg, that does not bring into ques- 
tion the integrity of the Legislature as now 
organized and the acts of the Executive in 
relation thereto. 

If no such adjustment can be made we 
will be under the necessity of promptly pro- 
ceeding to business without the valuable aid 
and advice of yourself and political friends, 
and let the people of Iiansas judge between 
ns. 

With assurance of my personal regard, I 
am very truly yours, J. M. Dunsmoke, 

Speaker. 

This communication""was withheld by 
Speaker Douglass from the press, as well as 
from the pretended housed of^which he was 
the head, until 2 p. m. on the following day, 
when it was read inithe presence of the Re- 
publican House, together with the reply of 
Speaker Douglass, which was as follows: 
House of Representatives, ) 
ToPisKA, January 31, 1893. ( 
Hon. J. M. Dunsmore: 

Deab Sib: — I acknowledge the receipt of 
your letter of yesterday, and in reply thereto 
I beg leave to say : 

On the 10th day of this month, after the 
majority of the duly elected members of the 
House of Representatives had organized the 
House and elected a speaker and other offi- 
cers, a minority of fifty -eight member3-elect 
proceeded to organize another body, which 
also calls itself the House of Representa- 
tives. As these fifty-eight members-elect 
were five less than a quorum, and absolutely 
powerless to perform any act, the official 
roll was obtained and there, in the broad 
iayiight, before the eyes of hundreds, the 
names of ten members chosen by the peo- 
ple were scratched out and in their stead 
were inserted the names of ten other per- 
s>ns who were not elected, and some of 
whom had been defeated at the polls by ma- 
jorities of 600 to 1,000 votes. This was done 
by Ben G. Rich, wiihout any adjudication of 
the contests by any tribunal whatsoever, and 
upon the call of this forged roll, and with 
the aid of these ten persons (whose only 
claim to seats was that they had served no- 
tice of a contest upon the members whose 
election had been regularly ascertained and 
certified by the proper officers), the body 
over which you preside was organized. 

The majority at its organization chose 
me as its Speaker, and of the members who 
participated in that day's proceedings sixty- 
four voted for me as Speaker and three 
others, on the 12th day of January, rook 
their seats in the lawful House of Repre- 
sentatives, and have since uniformly ad- 
hered, and still do adhere to it as the only 
Heuse of Representatives known to the 
constitution and the laws. 

If the proceedings by means of which 
the body over whioh you preside was organ- 



ized should ever be acquiesced in by the 
people of Kansas it would be the end of 
regular, orderly and constitutional govern- 
ment in this commonwealth. 

The fact that the Governor and a ma- 
jority in the Senate have so far succumbed 
to the pressure of party oont^idera ions as 
to countenance such a proceeding in no 
wise changes the fact, except as it intensi 
fies the obligation and emphasizes the duty 
of all law-abiding citizens to protest against 
it. Such countenance by the executive and 
the Senate cannot annihilate or destroy the 
legal and constitutional House of Repre- 
sentatives, chosen by the people to do the 
people's will, rhe powers of the executive 
and the Senate are many and great, but the 
power to perform miracles is not one of 
the>Ti, and, despite all assertions to th' 
contrary, it remains true that they a- 
powerless either to create a majority out 
the minority or to destroy by their fiat 
constitutional and lawful body of the 
resentatives of the people. 

I take issue with your assumption that tL 
courts have no power to determine whethe 
an alleged act of the Legislature was ever in 
fact passed by the Legislature of the 8tate 
or by some other body. The prime duty of 
the courts, where the validity of a statute is 
called in question, is to ascertain whether 
the constitutional requirements have been 
observed in its pas-age; and if they find that, 
iuBtead of such observance, the constitution 
has been trampled under foot and that the 
'alleged act has not been passed by the law- 
ful House but by an usurping body, it is the 
highest duty of the Court to so declare. 
Such declaration, far from being an evi- 
dence of partisanship, would be a mark of 
that integrity, fidelity and devotion to duty 
which characterizes the American judiciary. 

It is true that the constitutional House of 
Representatives cannot legislate without the 
concurrence of the Senate, and it is equally 
true that the minority body over which you 
preside cannot effectually legislate even wi.h 
such concurrence. 

It is also apparent to every thinking man 
that any attempt to so legislate must, in the 
course of a few weeks' time, come under the 
final review of the courts, and if the deter- 
mination by the courts of the questions in- 
volved should be in accordarice with what I 
have no doubt to be the 1 w, it will ulti- 
mately necessitate an extra session of the 
Legislature with the attendant expense and 
burden upon the people. Under such cir- 
cumstances it would seem to be a part of 
wisdom for men desirous of the public good 
to make up a case for the highest court at 
the earliest possible moment and set the 
matter at rest within a few days' time. 

The law will in the end prevail. No men 
are as yet above the law in Kansas, however 
much they may desire to be, and the law- 
abiding people of our State will in the long 
run sustain the public servant who, regard- 
less of temporary and partisan considera- 



ACTIVE HOSTILITIES. 




tions, re?pects and obeys the law. Regard 
for law is the bulwark of free institutious. 
If the law be defective, as some of our 
statutes unfortunately are, it is our duty as 
legislators not to over-ride and over-throw 
the law, but to patriotically set about reme- 
dying its defects. 

Your intimation that, in defending the 
rights of the constitutional body, of which 
I am the Speaker, I may be influenced by 
personal motives, and that I desire to pre- 
vent legislation demanded by the people, is 
an unworthy imputation which I must leave 
those who know me best to answer. In like 
manner I notice, but pass without comment, 
the unworthy reflection upon the integrity 
and character of the Democratic and Re- 
publican members of the lawful House of 
Representatives involved in your assertion 
that in this struggle for law and order they 
:-e prompted and directed by the railroads 
ctnd other corporations. You will yourself 
recognize the peculiar impropriety of^this 
when I recall to you the fact that on~ the 
12th day of this month, after conferring 
with many of the members of the House, I 
offered (in event of the then proposed ad- 
justment of our difficulties) to give not only 
a large number of leading committees to the 
members of the People's party, but also to 
give them the Chairmanship and full control 
of the Railroad Committee. 

I have always been ready and still am 
to confer with yourself or any member with 
a view lo securing an honorable adjustment 
of the present difficulties, to the end that 
legislation may proceed. But any adjust- 
EQcnt which involves assent to the extraor- 
dinary methods whereby the body over 
which you preside was organized is and 
will remain an impossibility. 

The members ©f the lawful House of 
Representatives propose to maintain to the 
end the laws and constitution of Kansas. 
They are willing to negotiate upon matters 
of less moment, but they will never sacri- 
fice their obligations to the State and the 
people they represent. World's Fair bills 
and other legislation are as much desired by 
them as by yourself, but beyond and above 
all else their duty is to preserve, to the full 
limit of their power, tbe principle of con- 
stitutional liberty which is now at stake. 
' Let there be no misunderstanding, there- 
fore, as to their position. With the best of 
personal feeling, I beg leave to assure you 
that the constitutional House of Repre- 
sentatives is here to perform the high du- 
ties entrusted to it by the people, and here 
it will remain. Very respectfully yours, 
Geo. L, Douglass, Speaker. 
In reply to this manifesto of the Republi- 
can Speaker, to the reading of which Speaker 
Dunsmore had listened attentively, and 
which the Republicans endorsed by resolu- 
tion, promising to stand by their leader to 
the end, Speaker Dunsmore, at its conclu- 
Bion said: "In answer to my friend's com- 



munication I have fonly to say that actions 
speak louder than words, " f""" — i ^i^^,^ 



ACTIVE HOSTILITIES. 



CHIEF OLEEK EIOH, OF THE POPULIST HOUSEy 
AEEESTED BY EEPUBLIOAN DEPUTIES — A EE- 
MAEKABLE SCENE ON KANSAS AVENUE — EICH 
EESCUED— OMINOUS THEEATS— THE SHEEIPF 
EEFU8ES THE GOVBENOE's DEMAND FOE PBO- 
TECTION FOE MEMBEES OF THE POPULIST 
HOUSE— THE APPBOPEIATION BILL SIGNED B 
THE GOVEENOE— AETZ CONFIEMED AS ADJU 
TANT GENEEAL. 

It would be strange, indeed, if, after 8< 
protracted and bitter a struggle on the par 
of the representatives of the People's parti 
to maintain their legal rights, and th' 
dogged determination of the Republicai 
conspirators to accomplish their purpose, f 
permanent truce could have been established 
The astonishing patience and forbearance 
of the Populists if alone to be credited with 
so long averting a collision, which their op- 
ponents more than once sought to force 
upon them, a fact which the lapse of time 
since the exciting events of this Legislative 
session serves but to bring out more promi- 
nently. Following the exchange of com- 
munications between the two Speakers re- 
lated in the preceding chapter, there was a 
period of comparative quiet, and on the 
surface it appeared that the dead-lock would 
continue throughout the session. 

It was, however, but the calm which pre- 
cedes the storm. The clouds were already 
gathering, and the observant watcher kne^ 
the tempest would break before many days. 
In pursuance of the plan agreed upon by the 
Republican leaders, the crisis was to bt 
brought about by harraseing the Populis* 
House, the method of procedure being in. 
dicated by the following article in the Capi- 
tal of January 19: 

The next move on the part of the Repub- 
licans will probably be to prosecute Chief 
Clerk Ben Rich, of the Populist House, for 
forgery and mutilation of the official roll of 



ACTIVE HOSTILITIES. 



35 



the Secretary of State on the day of the or- 
ganization of the Legislature. The chief 
conspirator in the organization of the ille- 
gal house was Mr. Rich. He took Secretary 
Osborn's official roll of members, and, eras- 
ing the names of ten Republican members, 
inserted the names of ten Populists and 
read them ofif as legally elected members of 
the Legislature. Good lawyers say that in 
doing this Mr. Rich was guilty of forgery of 
public records, and Speaker Douglass said 
yesterday he had no doubt proceedings would 
be commenced to punish him to the full ex- 
tent of the law. 

Editorially the same paper expressed the 
opinion that "the time has come to begin 
criminal proceedings against Ben Rich," 
and that "the spurious house created by Ben 
Rich should be brought to a halt in its reck- 
less rebellion." 

"It is no longer," continued this appeal to 
the conspirators, "a time for words apd 
more words, but a time to act. In behalf bf 
the State of Kansas, her constitution, her 
laws and her loyal people, the Capital de- 
mands that the law be vindicated without 
further delay by legal proceeeings against 
the instigators of treason." 

And again: "How long is this anarchy to 
continue Governor Lewelling? What is to 
be the end of this high-handed efifrontery 
and lawlessness? Unless you retrace your 
steps and enforce the laws on the statute 
book which you have sworn to enforce you 
will stand convicted at the bar of public sen- 
timent of violating your oath of office. So 
long as you continue your present lawless 
attitude you are a traitor to the constitution 
and laws of Kansas, to the people whose 
servant you are, and to your oath of office, 
and your conscience." 

There was no material , change in the atti- 
tude of the two Houses, nor any develop- 
ments of great importance until Tuesday, 
February 14, the date which marked the 
culmination of events, and the beginning of 
active hostilities on the part of the Repub- 
lican House, which continued its lawless oc- 
cupancy of the hall, its annoyance of the 
legal House of Representatives, and its in- 
terference with the legislation demanded in 
the interests of the State. 

The Populist House was at work all this 
time, and doing its best to bring order out 
of chaos, but it was beset with many diffi 
oulties. Every step was taken with the ut- 
most caution and consideration for the law, 



and the Republicans, becoming fearful lest 
they would after all be unaole to win in the 
courtB,;where they proposed to attack the 
appropriation ordinance passed by the 
House and awaiting the concurrence of the 
Senate and the signature of the Governor, 
determined to delay no longer the consum- 
mation of their scheme to bring matters to 
a crisis. During the mornicg their plans s^_^ 
were formulated and at noon acted upon, |» > 
with the result of creating the wildest ex- 1 
citement and precipitating a conflict be-' 
tween the two sides, during which blow 
were exchanged and bad blood engender*' 
that destroyed forever all hope of a p- 
ful settlement of the contest. ^q 

Speaker pro tern Hoch, of the D of 
House, had been selected to hurl the 
brand into the ranks of the opposii ^®P" 
which he did by introducing a res^ 
providing for the arrest of Chief v 
Rich. He prefaced his resolution ^... 
following significant remarks: 

"Mb. Speakee: I know of but two \ 
by which men settle or attempt to s^ 
disputes, when mutual efforts fail — eii 
a resort to a knock-down or to the cot^ 
The knock-down plan never settles a), 
thing, except the relative brutishnees of ! 
contestants. The courts were institute(^ 
settle desputes between men who caE| 
settle them themselves. To the courts ; 
issue must finally come. We can not ai> 
it, we can only delay it. And why loii 
delay it?" \ 

His resolution was then carried to t 
reading clerk and presented to the House. 
It was as follows: 

Whereas, One Ben C. Rich, for a number 
of days last past, and during the presen 
session of this, the House of Representatives, 
and in the presence of said House, has con- 
tinually interrupted the regular proceedings 
of the House by loud and boisterous lan- 
guage and unlawful and unusual noises 
without legal excuse or justification, and 
without claim or pretense that the same 
was a part of or connected with the proceed- 
ing of the House of Representatives, and 
such conduct has been and still is being in- 
dulged and persisted in by said Ben G. Rich, 
in open, malicious, and willful defiance and 
derision of the rules and authority of the 
House of Representatives; and 

Wheebas, Such conduct has greatly inter- 
rupted and interfered with the transaction, 
of public business by the House, and has im~ 
peded and still impedes neccessary legisla- 



36 



ACTIVE HOSTILITIES. 



tion in the interest of the people of the State 
of Kansas, thereby bringing the authority 
and dignity of the House of Representatives 
into disrepute; therefore be it 

Resolved, That by the said action and con- 
duct of the said Ben C. Rich, he has been and 
is guilty of contempt of this House and the 
Speaker is hereby authorized and directed 
to cause said Ben C. Rich to be forthwith ar- 
rested by the Sergeant- at- Arms and brought 
before the bar of this House, to show cause, 
if any he have, why he should not be punished 
for such contempt, and that said Bet. C. 
Rich be held in custody by said Sergeant-at- 
Arms, subject to the further order of the 
House of Representatives. 

Immediately after the adoption of this 
resolution Speaker Douglass directed the 
Sergeant-at-Arms to carry out the order of 
the House. As Sergeant-at-Arms Clevenger 
was absent from the city, three of his as- 
sistants, W. H.Young, of Wyandotte county; 
L. E. Ologston, of Greenwood county, and 
Jordan, of Rice county, were instructed to 
j .e the arrest, and left the House at once 
.'jii search of Rich. They went direct to the 
Button House, where he was known to board, 
and found him in his room, with his wife 
and Representative D. M. Howard, of Shaw- 
nee county. The resolution of the Republi- 
can House was read to Mr. Rich, and he 
was informed that he was under arrest. He 
said he did not recognize the men who pre- 
tended to make the arrest as officers of the 
House of Representatives, such as they 
claimed to be, and declined to go with 
them. He added, however, that his duty 
would require him to go to the State house 
after dinner, and if they were disposed to 
wait they might go along. He even invited 
he pretended officers to dine with him, and 
one of them, Sergeant-at-Arms Young, ac- 
cepted, while Jordan remained in the hotel 
office. 

In the meantime news of this radical ac- 
tion on the part of the Republican House 
spread like wild-fire, and caused the most 
intense excitement on the streets, so that 
when Mr. Rich had completed his meal and 
announced his readiness to start for the Cap- 
itol, there was quite a throng of prominent 
men in front of the Button House. At 1:16 
p. m. Mr. and Mrs. Rich left the hotel on 
foot for the State House, refusing to accept 
the proffer of a carriage from the alleged 
officers, though it was a bitter cold day and 
a chilling blast swept down the avenue. 
They were accompanied by a number of Mr. 



Rich's Populist friends, including Hon. 
John W. Breidenthal, S. M. Scott, W. H. 
Ryan, Sergeant-at-Arms Dick, P. N. Gish, 
B. M. Howard, J. F. Willitts and Mr. Wil- 
liams, of Fort Scott. The deputies follow- 
ed in their train as near as possible to Mr. 
Rich, and thus they marched up Kansas ave- 
nue, presenting one of the most remarkable 
scenes ever witnessed in the Capital City. 

By this time the Bouglass House, after 
waiting more than an hour for the return of 
the deputies, had adjourned to 9 a. m. 
Wednesday and the majority of the officers 
and members were at the Copeland Hotel, 
their headquarters. When the Rich party 
reached Ninth street they were met by a 
messenger with an order for the deputies to 
bring Rich to the Copeland. The officers 
now pressed forward to take possession of 
their man, who was surrounded by a cordon 
of friends that was impenetrable. The depu- 
ties made a vigorous effort to break 
through, but met with a stout resist- 
ance and a struggle ensued, in which 
they were handled without gloves. 
Ologston made a desperate attempt to get 
at Rich, but Representative Ryan threw him 
violently to the ground and he, with the 
others, also recognizing that they had the 
worst of it, beat a retreat, while Rich and 
his friends proceeded to Representative 
Hall as if nothing had happened out of the 
usual order, arriving there a few minutes 
before 1:30 o'clock. 

On entering the room Chief Clerk Rich 
was greeted with loud cheers from his 
friends, who had already gathered in large 
numbers, and at once became the hero of 
the hour. The House was called to order 
by Speaker Dunsmore, who said: "I regret 
very much the events which led to the ex- 
citing scenes of the past few hours. We 
haye elected a legal majority of the House 
of Representatives and have passed ten bills 
which will become laws as soon as they 
have been signed by the Governor. If we 
are in the right, as we know we are, we will 
surely win and have nothing to fear. I 
wish to advise the members of the House to 
remain on the side of peace and order. If 
we are forced by circumstances to do so, 
we will press into service the forces of the 
state to maintain our constitutional rights. 
No matter what may be the excitement, re- 




ACTIVE HOSTILITIES, 



37 



tain your seats. This is simply a question 
as to whether the Santa Fe Railway Com- 
pany and similar corporations are to con- 
trol this St^te, or whether the people will 

do BO," 

The speaker was frequently interrupted 
by cheers. The legular order of business 
was then proceeded with and after the pass- 
age of a half dozen bills the following reso- 
lution was introduced by Representative 
Gest, of JeflEerson, and adopted : 

Whfkeas, An attempt has been made to 
arrest the Chief Clerk of this House by an 
organized mob calling themselves the Re- 
publican House of Representatives, but 
which we believe to be in reality the Santa 
Fe Railroad Company ; therefore be it 

Resolved, That we, the legally organized 
and constitutional House of Representatives, 
proclaim to the State of Kansas that the 
mob was foiled, and that our flag is still 
there. 

Rich was closely guarded during the after- 
noon and evening, every precaution being 
taken to prevent a second attempt at arrest 
by the Republican officers. 

The corporation conspirators were fur- 
ious at being baffled in the effort to throw 
the Populist House into confusion by the 
arrest of its Clerk, and to delay its lawful 
proceedings. Their anger and excitement 
knew no bounds and they lost no time in 
making preparations for a still more reck- 
less and revolutionary movement. It was 
openly asserted by Speaker Douglass and 
other members of the Republican House 
that the order for the arrest of Rich would 
be enforced and that he would be brought 
before the bar of the Republican House on 
the following day. With this determination 
several hundred Republicans gathered at the 
party headquarters and tendered their ser- 
vices to the officers of the Douglass House 
to aid in stopping the proceedings of the 
Dunsmore House. Over fifty of these vol- 
unteers were sworn in as deputy Sergeants- 
at-Arms and were placed under the com- 
mand of R. B. Welch, of Shawnee County. 
This portentious and menacing movement 
■was met by a resolution of the Constitu- 
tional House to exclude from the hall all 
but members of the House. The attempted 
arrest of Chief Clerk Rich was deemed am- 
ple justification for the Populists in prepar- 
ing to resist further outrages, and the Ser- 
geant- at- Arms was instructed to keep out 
deputies and other so-called officers of the 



Republican House. Several Constables ap- 
peared at Representative Hall during the 
afternoon with warrants for Breidenthal, 
RyaD,;Scott, Willitts and Gish, against whom 
complaints had been filed on account of 
their defense of Rich, charging them with 
breaking the peace. At the conclusion of 
the proceedings of the House they appeare d 
before the Justices and gave bonds for their 
appearance. 

Governor Lewelling was in consultation 
nearly all of Tuesday afternoon with the 
Populist leaders, who, appreciating the 
gravity of the situation and the fact that 
the Republicans were now committed to 
any folly, however desperate, urged him to 
call out the militia to protect the property 
of the state and avert bloodshed. The Gov- 
ernor sent for Sheriff J. M. Wilkerson, of 
Shawnee county, and asked him to lay aride 
all partisan prejudice, recognize the lega 1 
House and protect its chief clerk, Ben. Rich, 
and other officers. The sheriff declined to 
take any part in the controversy or to recog- 
nize either House. Later on, the same day , 
the Governor sent Sheriff Wilkerson the 
following formal demand: 

ToPEKA, Kan., February 14, 1893. 
Deak Sib: — Whereas, a body of armed 
and lawless men have this day attempted to 
arrest the chief clerk of the House of Repre- 
sentatives, the Hon. Ben. O. Rich, and 
whereas, there are rumors, which seem to 
be well founded, that such lawless body of 
men now contemplate a second attempt to 
arrest said Rich and otherwise to become a 
menace to the peace and order of the State; 
now, therefore, I hereby demand of you 
that you proceed at once to provide such 
peace officers as may be necessary for the 
preservation of the peace and safety of the 
State, and that such officers be at once sta- 
tioned upon the capitol grounds and in the 
corridors of the capitol building, as may be 
necessary to prevent the entering of arme d 
or disorderly men, and that you use every 
lawful means in your power to preserve 
peace, prevent riot and all disorderly ^con - 
duct, to the end that the House of Repre - 
sentatives may proceed undisturbed in th e 
legitimate performance of its duty. 

Please advise me at once if these demanr's 
will be complied with. 

L. D Lewelling, 
Governor of Kansas. 
The Sheriff also received the followin g 
from Speaker Dunsmore: 

ToPEKA, Kan., Feb. 14, 1893. 
J. M. Wilkerson, Sheriff of Shawnee Coun- 
ty: 
Deae Sie: — I hereby call on you as Sheriff 



38 



THEITEMPEST BREAKS. 



of Shawnee County for sufficient force to 
preserve the peace and authority of the 
House of Representatives. I am very truly 
yours, J. M. Dunsmobe, 

Speaker of the House of Representatives. 

The Sheriff refused to comply with the de- 
mand of the Governor and Populist Speak- 
er, and so notified them in the following 
communication : 

ToPEKA, Kan., Feb. 14, 1893. 
Hon. J. M. Dunsmore: 

Deab Sib: — Your communication calling 
on me as Sherifif for sufficient force to pre- 
serve the peace and authority of the House 
over which you preside received, and in re- 
ply will say, if there is a House of Repre- 
sentatives legally organized it is clothed 
with the power to appoint a Sergeant-at- 
Arms who has all the power necessary to en- 
force the authority with which he is invest- 
ed by the House. Not wishing to decide 
which House is the legally organized body, 
I shaii take no part as long as the peace and 
quiet of the citizens remain undisturbed. 
Yours truly, J. M. Wilkeeson. 

Receiving no response to his demand upon 
Sheriff Wilkerson, Governor Lewelling late 
that night sent the following: 
.John M. Wilkerson, Sheriff of Shawnee 
County: 

Deae Sib — Since you have not seen fit to 
comply with my request to respond to a for- 
mer communication of this evening, I here- 
by withdraw my demand for official assist- 
ance from you in preserving the peace in 
and about the corridors of the Capital to- 
morrow morning. L. D. Lewelling, 
Governor of Kansas. 
Topeka, February 14, 1893. 
It was on this day that the Senate con- 
curred in the amendments to the appropria- 
tion bill passed by the House, to pay all 
members and employes of the Populist 
House their salaries, and the Douglass 
House becoming alarmed passed the follow- 
ing: 

Resolved by the House of Representatives 
of the State of Kansas, That the treasurer 
of the State be and is hereby admonished 
not' to pay any public moneys under any 
pretended act of the Legislature of this 
state passed by the body presided over by 
J. M, Dansmore, and now pretending to be 
a House of Representatives; and be it fur- 
thpr 

Resolved, That said State Treasurer and 
his bondsmen wi'l be held strictly responsi- 
ble for any moneys so paid out of the public 
treasury, and under no circumstances or 
conditions whatever will this House erer 
ratify, confirm or otherwise make good to 
said Treasurer any such money so paid un- 
der said pretended authority. 
This bill, which was signed by the gover- 



nor during the evening, made an appropria- 
tion of $30,000 for the per diem and mile- 
age of the members of the Senate and of 
the Populist House, and went into effect up 
on its publication in the official state paper 
the following morning. 

In the senate H. H. Artz was confirmed as 
adjutant general. 



THE TEMPEST BREAKS. 



a BEPUBLIOAN mob MABOHES upon the CAPI- 
TOL—HALTED BT THE GUAEDS — A WILD 
OHAEGE UP THE MAIN STAIBWAY — THE IM- 
MOETAL SLEDGE HAMMEE — THE UNLOCKED 
DOOBS OP BEPEESENTATIVE HALL BATTEEED 
DOWN — INSUEGENTS IN FULL POSSESSION — 
EEOEUITING THE BANKS OF THE BED BADGED 
DEPUTIES. 

The most extraordinary scenes ever wit- 
nessed in the Capitol of Kansas occurred on 
Wednesday, February 15, when the Republi- 
cans ceased their masquerading, battered 
down the doors of Representative Hall, took 
forcible possession of the room and barri- 
cading the approaches, inaugurated a seige 
that will forever be memorable in the an- 
nals of Kansas. By their action they made 
it necessary, the Sheriff having refused the 
Governor the protection he had demanded, 
for the Governor to call out the Militia and 
transform the State House grounds into an 
armed camp, where in the absence of other 
shelter from the severe winter weather the 
men used the corridors of the building as 
temporary barracks. 

The night had passed without any event 
of especial importance transpiring. The 
appropriation bill signed by the governor 
on the previous evening was published in 
this morning's official state paper, and be- 
fore 9 o'clock the members of the House 
and Senate and the officers and employes of 
the Dunsmore house had nearly all received 
their warrants from the Auditor and their 
money from the Treasurer. This was the 
very thing the Republicans were determined 



THE TEMPEST BREAKS. 



39 



to prevent, if possible, and the Attorney 
General having declined to take any steps to- 
ward bringing the matter before the Supreme 
Court, a temporary restraining order was ob- 
tained from Judge Hansen, of the Shawnee 
county district court, to forbid the payment. 
Notice of this order was served on the Au 
ditor and Treasurer by the Sheriff about 11 
o'clock, and the instructions of the court 
were complied with without question. 

But before this more exciting events had 
for the time being banished from the minds 
of Populists and Republicans alike all finan- 
cial questions. 

As has already been stated, the Republi- 
cans on Tuesday afternoon swore in scores 
of Assistant Sergeants- at- Arms and several 
hundred Deputy Hheriflfs were subsequently 
swore in by Sheriff Wilkerson. There was 
a general feeling of apprehension. Every- 
thing portended trouble and daylight was 
awaited with a degree of anxiety that it is 
impossible to describe. The open threats 
of the officers of the Douglass House that 
they would yet arrest Ben Rich, led his 
friends to prevail upon him to spend the 
night at the Capitol, aad anticipating an at- 
tack before morning from the forces under 
R. B. Welch, the Sergeant-at-Arms of the 
Dunsmore House accepted the services of a 
number of volunteer assistants. No at- 
tempt, was made, however, to capture Mr. 
Rich, who, together with his books and 
vouchers, had in the evening been transferred 
to the auditor's office to put in the night in 
preparations for the payments authorized 
by the Appropriation bill. Many of the 
Populist officers and members spent the 
night with the guards in Representative 
Hall, or participating in some of the nu- 
merous conferences that took place in the of- 
fices of the Governor and the Adjutant Gen- 
eral. With the return of day all had gone 
home save a few of the guards, who were 
left with orders from Speaker Dunsmore 
that aside from members and reporters none 
but the officers and employes of the Duns- 
more House should be admitted. A guard, 
consisting of a half dozen men, was sta- 
tioned on the stairway leading to the front 
entrance of the hall, with instructions to 
direct the members of the House to use the 
rear entrance in order to preventy any con- 
fusion. The front doors of Representative 



Hall were, however, left unlocked and a few 
of the employes had arrived before any- 
thing out of the usual ord<^r transpired. 

About 9 o'clock J. R. Miller, doorkeeper 
of the Republican House, appeared in the 
west wing of the Capitol atid attempted to 
pass up the east stairway to the hall, when 
he was refused admission in accordance 
with the order of Speaker Dunsmore. He 
became enraged and evinced a determina- 
tion to force his passage through the guards, 
but eventually thought better of it and went 
away, not being at all molested or interfered 
with, even when he used the most violent 
language. Miller prooteeded directly to the 
Copeland hotel, where he found the mem- 
bers of the Douglass House ascsembled, and 
excitedly informed them of what had trans- 
pired. This was sufficient excuse in their 
minds for the resort to violence, which they 
had been looking forward to, and it was de- 
cided to form in line, march to Representa- 
tive Hall and take possession by force. The 
column was headed by Speaker Douglass 
and Speaker pro tern Hoch, and included 
the members, officers and hangers on of the 
Douglass House to the number of about 
100. As they marched toward the capitol, 
their number was increased until upon as- 
cending the east steps and filing into the 
main corridor, the rabble had attained the 
proportions of a formidable mob. That 
they were bent on trouble was plainly to be 
seen from their appearance and demeanor, 
and from their subsequent refusal to accede 
to the very reasonable restrictions laid down 
by Speaker Dune more for t-e protection of 
the legal House from the confusion that 
had been interrupting its proc>3-ding8. 

On reaching the point at which the stair- 
way leads to the main entrance of the hall, 
they encountered three Populist guards, 
who for a moment barred their further ad- 
vance. They were told quietly, but firmly 
that the members would be admitted at the 
other entrance, where they would be pro- 
vided with passes, but that only members 
'could be admitted. Speaker Douglass in- 
quired by whose authority they were there, 
and they replied that it was by tkeautho-ity 
of the Adjutant General and the Ex'-cutive 
Council. 

Douglass said, in a 1 'ud and peremptory 
voice: "I, as Speaker of the House, order 
you to get out of the way!" 



40 



THE TE3IPEST BREAKS. 



The Republican phalanx then gathered 
themselves for the attack. A few more 
words passed, the assault was made, there 
was a momentary scuffle as the guards es- 
sayed to obey their instru 'tions, and then 
with a wild yell the mob dashed forward, 
overcame the guards by sheer force of num 
bers and f urged up the stairway in a mass. 
It was as if they were storming a fortress at 
whose entrance a battery was planted, and 
what with the crowding and shoving, the 
clamor and shouting of a hundred infuriated, 
lawless and utterly reckless men, a scene 
was presented that beggars description. In 
their eagerness to get to the top the revolu- 
tionary band almost broke down the stair 
rail, which would have jTecipitated some of 
their own number to certain and horrible 
death below. 

There was no opposition to encounter at 
the head of the stairs, the few guards and 
employes who stood about having retired to 
the hall. 

A Republican who had gone to the rear 
entrance and been passed into the hall as 
the members and newspaper men would all 
have been, had aone through to investigate 
and appearing on the landing at this junc- 
ture, shouted: "Come on, men, the way is 
clear!" 

"Break down the doors; no quarter to the 
Populists! " was the cry of the insurgents 
as they rushed onward and took undisputed 
possession of the landing, though no doors 
were locked, nor had admission under the 
regular instructions been refused. 

In fact, several of the members of the 
Douglass House, including Rosenthal, Ben 
efiel of Montgomery, Bowers, Bowie and at 
least three others accepted passes the same 
as the Populist members, all being treated 
alike. Two, Sherman and Lobdell of Lane, 
refused passes and turned away. 

Now the situation with regard to the doors 
of the hail was well understood by the as- 
saulting party. It was usual during the ex- 
treme cold weather to enter the cloak room 
first, and toward this outer door the mob 
turned its attention. It was light 
and thin and was opened without 
any trouble. Once inside the cloak 
room, they encountered the heavy 
door leading into the hall, which was not 
locked but could have been opened by a 
child. This was not, however, in accord- 



ance with the Republican programme and 
without trying the knob Douglass and Hoch 
pounded on the door and demanded admis- 
sion. 

L. F, Dick, sergeant-at-arms of the Duns- 
more House, was among those in the hall, 
and three different times he called out that 
it was unnecessary to beat the door down, as 
it was not locked, and they could come in. 

"On behalf of the representatives of the 
people, I demand that this door be opened 
to admit the constitutional and legal House 
of Representatives," cried Speaker Doug- 
lass. 

"Force it open!" was loudly suggested by 
other voices. 

This had been the plaa from the begin- 
ning, and a sledge hammer had been taken 
along for just such an emergency. This 
was now passed to Speaker Douglass, who 
lifted the hammer and struck the door a 
violent blow. The panels were soon 
crushed, the pieces falling inside the hall. 
Through the aperture thus made the leaders 
of the mob faw a group of a half dozen 
Populists, including Sergeant- at Arms Dick, 
who was standing close to the door trying 
to make them understand that it was not 
locked. But Speaker Douglass pounded 
away until he was exhausted, and was re- 
lieved by Representatives Swan and Sher- 
man of Shawnee. 

In the front rank of the assaulting party, 
with Douijlass and Hoch, was Representa- 
tive Elting, of Ness, who, in the temporary 
lull to enable Douglass to get his second 
wind, trust his arm through the broken 
panel and presented a revolver close to 
Dick's breast. Representative Troutman, 
who, at the beginning of the souffle at the 
foot of the stairway, had ducked his head, 
made a rush between the guards and gained 
the top of the stairs, had entered the hall 
with the Populists, and from the inside he 
kept calling to the insurgent party, "Come 
on!" "Beat it in!" etc. Sergeant- at- Arms 
Dick pushed him aside twice, but he could 
not be repressed in his efforts to incite from 
a safe vantage ground still further violence. 

At length the unlocked door was battered 
to kindling wood, and through its wreck the 
triumphant conspirators marched in with a 
great shout that could be heard blocks away. 
In the din and tumult that followed the con- 



THE CALL TO ARMS. 



41 



spirators took complete possession of the 
hall, and the reign of anarchy was fully es- 
tablished. After a period of frenzied re- 
joicing, congratulations and handshaking, 
the rebel House was called to order and 
went through the pretense of transacting 
the regular business of the day. 

Having obtained complete control of the 
hall, the Republicans determined to hold it 
at all hazards and the large force of Assist- 
ant S"rgeants-at-Arms being on hand to aid 
in this plan, R. B. Welch was appointed 
chief of the Sergeants and instructed by 
Speaker Douglass to take charge of the hall 
and hold it. Welch had already 100 Assist- 
ant Sergeants who had been sworn in the 
night before and in less than ten minutes 
after the capture of the hall by the Republi- 
can mob they were all there and ready for 
duty, while their chief continued to swear 
in additional deputies throughout the fore- 
noon until by 1 o'clock in the afternoon 
the force numbered over 300 men ready to 
go to any extent to defend the illegal Re- 
publican House and prevent the Constitu- 
tional House presided over by Mr. Duns- 
more frc m resuming business. These 
deputies included business naen, mechanics 
from the Santa Fe shops, beardless youths 
from the colleges, local politicians and rep- 
resentatives from almost every element 
from the highest to the lowest. The major- 
ity were from Topeka and were merely there 
"for the fun there was in it," or the few 
paltry dollars they expected to get for their 
services. As each man was sworn in, a red 
badge on which was printed "Assistant Ser- 
geant- at- Arms," was pinned to the lapel of 
his coat, and as the supply of these badges 
seemed to be inexhaustible, it would appear 
that to have so large a number printed be- 
forehand the Republicans must have not 
merely anticipated, but actually planned 
eaxctly what came to pass. 



THE CALL TO ARMS. 



INSUEGENTS BNTEENOH THEMSELVES BEHIND 
3TE0NG BAEEIOADES — MOEE ABEESTS OE- 
DEEED. — THEY MAINTAIN THEIE DEFIANT AT- 
TITUDE AND GOVEENOE LEWENLING ISSUES 
HIS PEOOLAMATION CALLING OUT THE NA- 
TIONAL GUAEDS —HE IS DENOUNCED AS A 
USUEPEB BY THE DOUGLASS HOUSE. 

Chief Welch divided his force into squads 
of ten each and appointed a superintendent 
to the control of eaoh ten men. Probably 
half the entire number of deputies re- 
mained on the floor to instill courage in the 
hearts of the revolutionists by their pres- 
ence, while one detachment was placed on 
guard at the west entrance of the hall and 
another at the east entrance, where, it may 
be added, the main doors were locked, as 
they had been for several days by common 
consent, to keep out the cold, of which fact 
the attacking party was so well aware that 
no assault at this point was ever thought of. 
Guards were also placed at the foot of the 
stairways and orders given to admit no one 
but members of the Legislature or those 
holding passes signed by Speaker Douglass. 
Every officer of the Dunsmore House was 
excluded from the hall. 

Not satisfied with these precautions and 
conscious of the fact that the outrageous 
and violent seizure of the hall would call 
for decisive action on the part of the legally 
constituted authorities and custodians of 
the building, the Republicans proceeded 
forthwith to entrench themselves against an 
assault that was anticipated. Heavy bolts 
were placed on the inside of eaoh door by 
carpenters ordered in for that purpose; th© 
doors were all barricaded with massive tim- 
bers, and all the seats, desks and tables not 
in use were pulled up and stacked against 
the doorways as a barricade, a step ladder 
being placed at one of the transoms as a 
means of entrance and exit. Fire arms, 
clubs and ever conceivable desoription of 



42 



THE CALL TO ARMS. 



weapons were passed around until every 
man and boy was armed, for they fully ex- 
pected that the Governor would send the 
Militia to eject them. The stairway leading 
to the main entrance was blocked near the 
upper landing with more desks, benches, 
chairs, timbers and every article that would 
offer the slightest resistance. The Speaker's 
entrance at the west end of the hall was 
similarly protected, and some of the doors 
leading into the departments on the next 
floor below were nailed shut, to the great in- 
convenience of the officials and their clerks. 

The deputies were all heavily armed, and 
later on several cases of rifles and ammuni- 
tion were smuggled into the hall, with the 
plain intention of holding it against all 
comers. But the pretended House was left 
in undisturbed possession, and gradually 
awoke to the fact that instead of being vic- 
tors the members had simply placed them- 
selves in the position of prisoners of war. 
The chairs on the Populist side of the House 
remained vacant, and realizing that it was 
impossible to legislate under such circum- 
stances, the House of Dunsmore abandoned 
the hall to the Douglass forces. The room 
occupied by Chief Clerk Rich, together 
with the several committee rooms conceded 
to the use of the Populists, was seized, and 
two or three clerks of the Dunsmore House 
were forcibly ejected from the floor. One 
of these was H. W. Burdick, assistant Jour- 
nal Clerk of the Populist House, Assistant 
Sergeant at- Arms Clogston officiating with 
others in this outrage. The Republicans de- 
cided that, having secured possession of the 
hall, it was their duty to hold it, and so they 
remained in continuous session throughout 
the noon hour, the Speak r instructing the 
Sergeants not to leave the room. Baskets 
of provisions were brought from the Cope- 
land hotel for the relief of the hungry mem- 
bers and the 300 officers now on the pay 
"rol!, and thus they settled down for a stay 
that proved to be a longer one than they 
anticipated. 

That they gloried in their shame and re- 
garded the outrage committed in battering 
down the property of the f^tate in the light 
of heroism, was shown during the morning 
session by the presentation to Speaker 
Douglass of the ten-pound sledge hammer 
with which he broke in the doors of Repre- 



sentative hall. The presentation speech was 
made by Mr. Hale, of Rush, who eulogized 
the courage and pluck of the Speaker in 
"daring to resist anarchy and rebellion." 
As the sledge hammer was borne to the desk 
the Republican mob cheered wildly, the 
members rising from their seats to join in 
the demonstration. 

MOEE ABBESTS OBDEBED. 

Elated by their easy capture of an unpro- 
tected hall, the members of the revolution- 
ary House, in a spirit of braggadocio, 
adopted a resolution introduced by Mr. 
Cubbison, of Wyandotte, which was as fol- 
lows: 

Whebeas, The House of Representatives 
on Tuesday, the 14th day of February, issued 
its legal process for the arrest of one Ben 
Rich on the charge of contempt of the 
House; and 

Wheeeas, The legally constituted officers 
of said House, while attempting to enforce 
said process, were obstructed, assaulted aud 
interfered with by the following named 
persons, to wit: J. W. Breidenthal, John F. 
Willits, S. M. Scott, D. M. Howard, and 
were by said persons pi evented from enforc- 
ing the order of the House; therefore be it 

Resolved, That the Sergeant-at-Arms be 
and he is hereby instructed to forthwith ar- 
rest J. W. Breidenthal, John F. Willits, S. 
M. Scott and D. M. Howard, and have them 
brought forthwith before this House to an- 
swer the charge of contempt of the House. 

The news of the coup d' etat of the Re- 
publicans was soon noised abroad and reach- 
ed every part of the city. It was wired out 
in all its minute details by newspaper cor- 
respondents and before noon it was known 
in every important city in the land that 
Kansas was in a state of open rebellion and 
that anarchy had planted its banners in the 
Hall of Representatives. The eyes of the 
whole Nation were turned toward Kansas, 
and so deep was the interest felt in the re- 
sult of the people's struggle against corpor- 
ation tyranny, that over 60,000 words were 
demanded by the eaf^tern journals and sent 
out by telegraph that night. 

It was in Topeka, however, that excite- 
ment rose to fever heat. Nothing to equal 
it had ever been exhibited since the war. 
From every part of the city the people 
hastened in the direction of the State House, 
until the streets east of Capitol Square were 
packed with eager and anxious citizens. 
Groups were formed and the situation was 
discussed- from every standpoint, the Re- ,,^ 



THE CALL TO ARMS 



43 



publicans being aggressive and threatening 
to such a degree as to add seriously to the 
menacing aspect of that very critical hour. 
It was exultingly asserted that the officers 
of the Kansas National Guard would 
ignore the orders of Governor Lewelling, ex 
officio commander-in-chief, and that the 
local R-r^publican contingent had the sympa- 
thy of the sheriff to bolster up their cour- 
age. The possible consequences of a collis- 
ion in which the citizens should be involved 
on opposing lines were considered by the 
more conservative element with unspeaka- 
ble apprehension, and a heavy pressure was 
brought to bear on the Governor to exercise 
his constitutional authority, and call out the 
troops, in order to avert riot and bloodshed. 
The Sheriff's evident leaning toward the 
side of the revolutionists, seemed to make 
this step imperative, if the further destruc- 
tion of State property was to be prevented, 
and peace and order were to be preserved. 

Threats of personal violence to Governor 
Lewelling were freely indulged in, but to 
these he turned a deaf ear, while he calmly 
and deliberately counselled with his advis- 
ers, intent only upon averting a bloody con- 
flict without the sacrifice of the people's in- 
terests and the people's cause. To do his 
duty firmly and fearlessly, yet without add- 
ing fuel to the flame of public excitement, 
was his sole object. He first issued the fol- 
lowing executive order: 

notice to vacate issued. 

State of Kansas, 

Executive Depaetment, 

Govebnoe's Office, 

Whereas, I have been informed as Chief 
Executive of the State, that the Hall of Rep- 
resentatives has been forcibly invaded by an 
armed and insurrectionary body of men who 
have taken and now hold forcible possession 
of such hail whereby the Constitutional 
rights of the members of such House have 
been subverted and the public business of 
legislation prevented, I therefore order all 
persons except such members of the House 
of Representatives and employes thereof as 
are recognized as such by the Hon. J. M. 
Dunsmore, Speaker of such House, to be 
such members and employes, to at once va- 
cate such Hall and the approaches thereto 
under penalty of forcible expulsion for their 
non-compliance with thia order. 

Witness my hand and the great seal of the 
State at Topeka, this 15th day of February, 
1893. L. D. Lewelling, 

Governor. 

When it became evident that the Insur- 



gents proposed to maintain their hostile and 
defiant position, the Governor, shortly be- 
fore noon, yielded to the advice of his 
friends and the dictates of his own judg- 
ment and issued the following 
peoolamation calling out the teoops: 

Wheeeas, In obedience to the require- 
ments of the Constitution of the State of 
Kansas, both branches of the State Legisla- 
ture convened at the Capitol, in the city of 
Topeka, on Tuesday, January 10, 1893, for 
the purpose of enacting proper laws and 
making such suitable provisions for the 
future as the interests of the people of the 
State require at their hands; and 

Wheeeas, Each branch of the Legislature 
was duly organized, the Hon. Percy Daniels, 
Lieutenant Governor, being ex-officio Presi- 
dent of the Senate, and that body having 
elected W. L. Brown as Secretary and David 
Shull as Sergeaat-at-Arms thereof; and the 
House of Representatives having elected 
Hon. J. M. Dunsmore Speaker, Hon. R H, 
Semple as Speaker pro tempore, Ben C. Rich 
as Chief Clerk and Leroy F. Dix as Ser- 
geant at- Arms thereof; and 

Wheeeas, The Legislature being thus duly 
organized, each branch thereof was duly 
recognized by the other, and the Legislature 
of the State thus constituted was and ever 
since has been recognized by the Executive 
as the proper law-making power of the State ; 
and 

Wheeeas, Certain persons who were duly 
elected as members of the House of Rep- 
resentatives, together with certain other per- 
sons who also claim or allege that they were 
chosen as members of the Legislature, have 
set up and organized a pretended House of 
Representatives, in opposition to and in 
obstruction of the lawful House of Repre- 
sentatives, organized and recognized as 
aforesaid; and 

Wheeeas, Said pretended House of Rep- 
resentatives has assumed to elect a Speaker 
and other officers therefor, and ever since 
the said 10th day of January has obstructed 
and is still obstructing the lawful House of 
Representatives m the performance of 
its proper duties as one branch of the 
Legislature of the State; and 

Wheeeas, Said pretended House of Rep- 
resentatives and members thereof have re- 
peatedly threatened personal violence and in- 
jury to the members of the lawful House of 
Representatives, and without authority of 
law have called to their aid certain persons 
pretending to be or assuming to be Sheriffs 
or Deputy Sheriffs, or oth«r civil officers, in 
order to maintain said unlawful organiza- 
tion as a pretended House of Representa- 
tives; and 

Whebeas, It is the exclusive right of each 
House of the Legislature to determine for 
itself who are entitled to seats therein, or 
who constitute the membership thereof, and 
the Courts of the State have no powerJ 



4A 



THE CALL TO AR3IS. 



or jurisdiction to inquire or determine said 
questions; and 

Wheeeas, The Hon. J. M. Dunsmore, 
Speaker of the House of Representatives, 
has officially informed the Executive of the 
State that the House over which he presides 
is menaced by the presence of a large num- 
ber of persons who have obtruded them- 
selves into the hall of the House of Repre- 
sentatives in a manner indicating a lawless 
and insurrectionary purpose to break up the 
lawful House of Representatives, and drive 
the officers thereof from their Hall, and 
from the Capitol building; and 

Wkekeas, Said unlawful organization has 
unjustifiably and arbitrarily and unlaw- 
fully assumed to order the arrest of the 
Chief Clerk of the lawful House of Repre- 
sentatives, with a view of precipitating a 
collision betwen said unauthorized and un- 
lawful body and the lawful House of Rep- 
resentatives and its officers and members, 
and has with force and vJo'ence broken 
down the doors of the Representative Hall, 
and forcibly ejected therefrom the officers 
and members of the legal House of Repre- 
sentatives; and 

Whereas, In order to avert, if possible, 
any resort to the military arm of the State 
to preserve the public peace, and to enforce 
the laws of the State, I applied to and di- 
rected the Sheriff of the County of Shawnee, 
in whose jurisdiction the capital of the State 
is situated, to protect the said House of 
Representatives in its constitutional rights 
and • to so preserve the peace as to enable 
said House to peaceably continue its delib- 
erations, and said Sheriff has failed and re- 
fused to comply with said order and direc- 
tions; and 

Wheeeas, The public peace should be 
preserved, and the rights of the House of 
Representatives should be respected, to the 
end that the people of this State may be pro- 
tected in all their rights: now 

Therefore, Deeming the present condition 
of public affairs as presenting an extraor- 
dinary occasion, and as warranting the ex- 
ercise of the power vested in me by the con- 
stitution of the state, to s-ee that the laws are 
faithfully executed, that the public peace 
may be-preserved,and all persons who unlaw- 
fully obstruct the House of Representatives 
or any members or officers thereof in the 
proper discharge of their duties, may be 
removed, and that all unlawful organiza- 
tions may be suppressed and violence and 
bloodshed may be averted. 

I, L. D. Lewelling, Governor of the State 
of Kansas, in virtue of the power vested in 
me as Commander in-Chief, with the power 
to call out the militia to execute the laws 
and suppress insurrection, do hereby call 
forth the militia of the State in order to 
suppress said unlawful assemblage, and to 
restore peace and protection, and to cause 
the laws to be duly executed. 

Adjutant General Artz is hereby charged 
with the duty of issuing the necessary orders 



to carry into effect the purposes hereinbe- 
fore declared. 

I appeal to all loyal and law-abiding citi- 
zens to favor, facilitate and aid this effort 
to maintain the supremacy of the law, and. 
the honor and integrity and perpetuity of 
the state. 

In witness whereof I have hereunto set my 
hand and caused the great seal of the state = 
to be affixed at the executive office io the^ 
capitol at Topeka, this 15th day of January, 
1893. L. D. Lewelling. 

By the Governor. 

R. S, UsBOEN, Secretary of State. 

By D. C. Zehohee, Ass't Sec'y of State. 

INDICATIONS OF MUTINY. 

The office of the Adjutant General became' 
immediately the center of interest and wae 
beseiged by those who had counsel to offer, 
or who desired to volunteer their services 
for the maintainance of law and order, and 
of the integrity of the state. Short as were - 
those winter days, a provisional company 
was organized before nightfall ana muster- 
ed in under command of Judge McDonald, 
of Parsons, and a second one under com- 
mand of H. C. Lindsay, of Topeka. 

It has frequently been asserted, and cor- 
rectly, that the first company of the Kansas 
National Guards to be called out, and the 
first to respond, was Company C, of Oak- 
land. The facts in the case, however, place- 
their response to the call in a somewhat;, 
different light from what has been currently 
reported as the correct one. The Oakland 
company was ordered out the night previous 
to the proclamation calling out the State' 
militia, and they were instructed to report, 
for duty at the State House at 7 o'clock the ' 
following morning (February 16). This the 
company failed to do, giving as their excuse 
that their overcoats were in the armory,, 
though the morning was clear and bright 
and had they obeyed orders they would have 
marched directly to the armory where their- 
overcoata were. But they delayed their* 
movements until the Douglass crowd had- 
broken into the hall, and thus lost the op- 
portunity of playing a very important parti 
in the history of the State. 

Colonel Hughes was also in the conspir- 
acy. Being absent from the city the Gover- 
nor had the Adjutant General telegraph f or- 
him. The Colonel reported that morning in- 
a very pompous manner, informing the 
Governor that he was ready for duty andl 
inquiring if he should don his uniform. On 
being informed that that was the proper: 



THE CALL TO ARMS. 



45 



'ihing to do under the circumstances, he went 
'home for that purpose and absented himself 
Ttwo and one-half hours. In the meantime 
ihe Douglass mob had accomplished its ob- 
?3ect and broken down the doors of Repre- 
sentative Hall. 

This delay on the part of the Oakland 
'Company, and on the part of Colonel Hughes, 
jgave the Governor his first intimation that 
the militia could not be relied upon and he 
iJhereupon proceeded to organize provisional 
I'sompanies. 

Orders were sent by telegraph to Co. G, of 
Marion, Battery A, of Wichita, and later Co. 

A, Third regiment, Eureka; Co. B, Third 
rregiment, Holton; Co. A, Second regiment, 
IVichita; Co. F, Third regiment, Howard, 
and Co. C, Fourth regiment, Clyde. Bat- 

B, of Topeka, was ordered out. The Wich- 
ita battery was ordered to bring a Gatling 
gun. 

Replies to these orders came in slowly, 
and it looked as if the Republican predic- 
'vtion of a general mutiny might not be wholly 
groundless. The spirit of defiant rebellion 
spread with alarming rapidity, and the ap- 
prehensions of the conservative and law- 
abiding element of both parties were not 
quieted when on the arrival of Company C 
from Oakland it was greeted with derisive 
yells from the Republicans who were 
miassed by thousands in front of Capitol 
Square, where the throng was being con- 
stantly augmented by new arrivals. At 2 p. 
m. this company, forty strong, entered the 
State House and established their barracks 
in the large hall on the ground floor of the 
south wing, assuming complete charge of 
all the entrances, stacking arms and making 
themselves as comfortable as possible. 
State officers and Supreme Court Judges 
having offices in that wing were supplied 
with passes and military discipline prevailed 
everywhere. 

At 3 p. m. the two provisional companies 
who had been supplied with arms at the ar- 
seiial marched from thence to the capital 
building, each being subjected to the jeer- 
ing and guying of the mob, which now 
pressed close upon the broad steps leading 
to the main entrance of the east wing, 
Judge McDonald's company was stationed 
at the foot of these steps, to keep the crowd 
back, and this afforded an excuse for an 



assault that added to the bitter feeling be- 
tween the partisans. One of the sentries, 
in his effort to keep a space open, was con- 
fronted by a fellow who resisted the order. 
The guard pressed the rifle across the fel- 
low's breast, and gently pushed him off the 
walk. The man stepped up again, and again 
was pushed ofi:. A half dozen men now 
sprang upon the walk, and the guard sum- 
moned others to his assistance, among them 
being Chaplain Todd,of the Populist House, 
who was one of the first volunteers in this 
provisional company. A hand-to-hand fight 
ensued, and for a few moments it was feared 
the riot would become general. White and 
colored men alike participated in the melee, 
closed in upon the guards, crabbed at their 
guns, and struck at them, eventually driving 
them back, when a couple of deputy sheriffs 
interfered and forced the rabble to desist 
from the attack. A little later, company 
C marched down the front steps, clear- 
ing them as they went, and reinstated 
the sentries in their former position. Every 
entrance and door throughout the building, 
except those leading to Representative hall, 
was then put in charge of two or more sol- 
diers, with instructions to admit no one 
without a military pass. 

At 6:45 p. m. Company C was reinforced 
by the arrival from Horton of forty mem- 
bers of Company B under command of 
Lieutenant Barker. 

THE GOVEENOE DENOUNCED. 

Upon the strength of Governor Lewell- 
ing's call for troops, the Douglass House ad- 
opted the following resolution, introduced 
by Mr. Greenlee, of Reno : 

Wheeeas, Under our governmental sys- f 
tern, both state and national, three co-ordi- k 
nate branches are recognized, to-wit: the '% 
legislative, executive and judicial, each hav- 
ing well defined spheres of action, indepen- 
dent of the other, and 

Whebeas, The executive branch of our 
state government, by its governor, has in 
times of peace, and for partisan purposes, 
invoked the aid of the military forces of 
the state to coerce a co-ordinate branch of 
this government, to-wit : the legislature, 
therefore 

Resolved, That we, the Representatives of 
the people of the State of Kansas, in session 
at the Hall of Representatives, in the city of 
Topeka,do enter our mostsolemn protest,and 
hereby denounce the executive of this State 
as a usurper, and as attempting to place tne 
civil authorities of the State in subjection to 
the military thereof ; 



y' 



46 



THE ULTIMATUM, 



Resolved, That, should the state executive 
Bncoeed in his nefarious schemes, "the gov- 
ernment of, for and by the people" will have 
perished in Kansas and on its ruins will be 
entrenched a goverament of military force, 
dominated by the executive, and the utter 
extinguishment of the legislative and judi- 
cial branches of our State government. 



THE ULTIMATUM, 



GOVEENOB LEWELLING's PEBSONAL APPEAL TO 
THE DOUGLASS HOUSE, AND THE PBUDENT 
COUNSEL OF EX-GOVEBNOB 08B0KNE, BEING 
DISBEGAEDED, COLONEL HUGHES IS OEDEEED 
TO OLEAE EEPEESENTATIVE HALL. — THE COL- 
ONEL SUEBENDEES TO THE IN8UEGENTS. — 
SHEEITT WILKEESON NOTIFIES THE GOVEENOE 
OF HIS INTENTIONS. 

At 7:30 that evening, Governor Le welling, 
accompanied by Colonel Fred P. Close, his 
private secretary, entered Representative 
Hall, where the Republican House was in 
Bession, and was escorted to the Speaker's 
desk by Representatives Sherman, Warner 
and others. Addressing the members of the 
House, the Governor said : 

Gentlemen: — No man among you can de- 
precate the present situation which exists 
here to-day more than I do. There is no 
desire on the part of your Executive to in- 
stitute any forcible proceedings here in this 
hall at the present time or at any other time. 
I earnestly entreat you, as citizens of the 
State of Kansas, as men of integrity and 
honor, as I know you are, to consider care- 
fully and cautiously the conditions which 
exist and the possibilities which may arise 
in the future. 

Under the present condition, there is only 
one course to be pursued, It is impossible 
that there should be any receding on the 
part of your Executive from the position 
held to-day, but I desire to ask you, as citi- 
zens, that you consider as carefully as you 
may do, if there may not be a way for an 
amicable solution of these diflSculties. 

I earnestly entreat you, a? citizens, not to 
make it necessary for me to call upon the 
military arm of the government to enter 
end take possession of this Representative 
Hall. 

There has been some talk about bringing 
the conditions which exist to a conclusion 
through the courts. It has been said re- 



peatedly by men who are on your side, that 
8s soon as bills are passed they would be 
brought into the courts, and thus a solution 
of this difficulty should be had. A bill has 
been passed by the House of Representatives 
and signed. If there is a method of somtion 
of this difficulty in the courts, that method 
of solution is at hand; and I appeal to you, 
as citizens, whether it would not be better 
to rest your cause upon that basis, and rest 
upon that solution, rather than to continue 
to retain this hall. I urge you, as fellow- 
citizens, that you now surrender this hall to 
the legal authorities of the State. I would 
deprecate exceedingly to have the military 
enter this Hall of Representatives; I do not 
want anything of that kind, and I ask you, 
gentlemen, if you will not be willing to sur- 
render this hall — or, at least, those of you 
who are not members of the House of Rep- 
resentatives? 

Speaker pro tem Hoch was then recog- 
nized by the Chair, and spoke as follows: 

Governor, pardon me — one word. I ap- 
preciate your coming not as Governor of 
this State, but as a citizen of this State, and 
I am sure I voice the sentiments of every 
man within the sound of my voice when I 
say there is no man on this floor who has 
ever desired anything else than a fair, hon- 
orable and amicable settlement of this un- 
fortunate difficulty. I wish, however, 
Governor, to ask you in fairness if — pend- 
ing this decision of the courts, which I trust 
will be reached within a few days — if it 
would not be fair, if any side abandons this 
hall, that both sides abandon it until this 
decision is reached. Could there be objec 
tion on either side to that state of afiEairs? 
I appeal to you as the Governor of this com- 
monwealth, elected by the suffrages of the 
noblest and grandest people, in my judg- 
ment, on the face of the earth, elected to 
preside over the grandest State in the Union; 
I appeal to you as my Governor, in thif 
critical crisis that has come upon us to-day^ 
that if we surrender this hall, pending the 
decision of this matter in the courts, if i1 
would not be fair that all parties surrendei 
this hall during the pendency of this con 
test? 

To this proposition for a compromise, thi 
Governor replied: 

I am not here, of course, to enter into anj 
political discussion, or a discussion of thes' 
questions. I only ask this: You gentlemei 
have stated between yourselves, and it hai 
come to my ears repeatedly, that only on< 
thing was wanting, and that was that tht 
House of Representatives should pass a bil 
that you might carry it into the courts. Now 
if that has been your wish prior to this time 
is there any reason why you should continu 
to hold this hall, when you have that oppoi^ 
tunity before you? I ask you, gentlemei 
that you shall surrender this hall into nt 
keeping to-night, that you vacate this ha, 
and leave it to my care. I ask that you d 



THE ULTIMATUM. 



47 



that. I ask it of you as citizens, as country- 
men — many of you are personally known to 
me, many of you my own personal friends! 
There can be no harm come from this prop- 
osition. I ask, therefore, that you vacate 
this hall, surrender it to me, if you choose, 
and then let the process that y ou see fit to 
pursue, follow. That is all I have to say, 
gentlemen, further than to add that as the 
matter now stands it becomes my duty to 
use some method, which I almost shrink 
from naming, to secure possession of this 
hall, I trust there will be no occasion for 
anything of the kind. 

Mr. Hoch, again addressing the Gover- 
nor, said: 

Pardon me. The proposition that was 
made was not intended to disturb the policy 
that has been pursued here for more than 
five weeks. If both sides abandon this hall, 
wouldn't it be right that the state of affairs 
which has existed here for five weeks should 
be continued? 

To this the Governor answered: 

It is not for me to enter into any contest, 
dispute or debate. There are several miiitia 
companies here to-day, called to do what I 
deem it my duty to order, and which I 
shrink from more than I can tell. I ask you 
to consider the situation. 

GOVEENOB OSBOBN COUNSELS PEACE. 

Governor Lewelling then left the chair 
and was succeeded by Ex-Gov. Thomas A. 
Osborn (Republican), who had come to the 
hall accompanied by a citizens' committee, 
which included Dr. McVicar, President of 
Washburn College; Hon. P. G. Neel, Presi- 
dent of the First National Bank, and Mr. E. 
Bennett. The Governor made an earnest 
appeal for peace, advising the Republicans 
to calmly surrender when the militia came. 
He assured them that their actions of that 
day would be condemned by nine- tenths of 
the citizens of this State, and in conclusion 
said: 

In the early days of this State there were 
many troublous days and nights, but this 
day and night are far more serious and far 
more dangerous to the peace of the people 
than any of the days or nights when our 
State was threatened twenty-five or thirty 
years ago. The Governor has told you it 
will become his duty to eject you. He knows 
that the men now occupying this hall have 
come here to resist, but how far we cannot 
say, but I believe I express the opinion of a 
large number of the best people of this state 
when I say that rainer than precipitate a 
war upon the people it will be best for you 
to yield to the armed troops of the State 
under the command of the governor. While 
I do not justify any act that has been com- 
mitted by the Populist authorities I beg you 
to not force upon these people a war which 



may be more bloody than this State has ever 
known. This free government is too good 
to be thrown awaj . It cost too much blood 
and too much money. Give us peace and 
not war. 

AN ULTIMATUM. 

Governor Osborn's pacific advice was re- 
received in sullen silence, but with evident 
disapproval. Governor Lewelling and party 
quietly left the hall, when the Housej after 
listening to several inflammatory speeches, 
determined to surrender only when driven 
out at the point of the bayonet by over- 
whelming numbers. A committee, consist- 
sisting of Representatives Sherman and 
Bowie, was sent to deliver to Governor Lew- 
elling the ultimatum of the revolutionary 
House, the doors were again securely locked 
and barricaded, and the members awaited 
the next turn of events. The Assistant 
Sergeants-at-Arms were cautioned by 
Speaker Douglass not to admit the militia 
or any one else unless they were n. pow 
erful than the force in the hall, and not to 
use firearms without the direct command of 
the chief Sergeant-at-Arms. The confer- 
ence had lasted about a half hour. 

The Republican House was emboldened to 
take the stand it did by the receipt earlier in 
the evening of numerous telegrams from 
points throughout the State urging the 
Speaker and members to stand firm and as- 
suring them of the early arrival of reinforce- 
ments to strengthen the insurrection. D. 
M. Clark, of Ottawa, telegraphed that he 
was on the way with 300 men. Col. D. R. 
Anthony telegraphed that 1,000 men from 
Leavenworth would respond to the call, and 
others sent word by wire that they would 
reach Topeka next morning with volunteers 
for the revolution. 

COLONEL HUGHES SUBEENDEBS. 

After receiving the ultimatum of the 
Douglass House— that it would surrender 
only at the point of the bayonet, Governor 
Lewelling, realizing that all hope of effect- 
ing an honorable compromise was at an end, 
issued the following: 

ESBOUTIVE OEDEE — NO. 3. 

Colonel Hughes, Commanding, H. H. Artz, 

Adjutant Gemral: 

Sie: — You will first proceed to clear the 
corridors of all persons except troops; you 
will then station a small detachment in the 
main corridors of the east and west wings 
of the Capitol, after which you will proceed 
quietly with the remainder of your forces 



48 



THE THIRD DAY. 



to Representative- Hall and eject all persons 
not specified in Executive Order No. 2, a 
copy of which I hand you herewith. Hav- 
ine removed from the hall such persons des- 
ignated, you will station a detachment in 
and about Representative Hall and such 
other detachments as may be necessary to 
occupy the entrances to the Capitol. In no 
case shall any person accompany the troops 
to Representative Hall. 

L. D. Lewelling, Governor. 
H. H. Aetz, Adjutant General. 

At 10:30 Col. J.W. F. Hughes, command- 
ing the full strength of the militia at that 
time massed in or about the State House, 
entered Representative hall attired in the 
full uniform of his rank and caused one of 
the sensations of a sensational week by sur- 
rendering completely to the revolutionists. 
He was introduced by the Speaker, and 
said: 

I was ordered by Governor Lewelling to 
take command of the militia called out here 
to-day. I did so at once. I asked him for 
c-ders; he told me I must surround the 
L H')U8e with my men, protect the prop- 
erty of the State, and remove from Repre- 
sentative hall all men who were not recog- 
nized by Mr. Dunsmore and himself as 
members of the Legislature- I told him he 
would have to look for some Other officer. 
[Prolonged cheering.] lam still in com- 
mand, and I am going to stay there until I 
am relieved. I may be relieved, but I can 
say to you that you need have no fear to- 
night. No one will attempt to molest you. 
If I am relieved, my regiment will go with 
me. 

The applause that followed this speech 
was deafening and three tremendous cheers 
were given for C©lonel Hughes. In the 
morning the Colonel was summoned to a 
conference with the Governor and Adjutant 
General and was relieved from his com- 
mand. 

SHEBIIT WILKEESON WAKES UP. 

Half an hour after Colonel Hughes left 
Representative hall, Sheriff Wilkerson, who 
was doubtless informed of what was trans- 
piring and expected to see the Administra- 
tion left powerless by the mutiny of the reg- 
iment that the Colonel had predicted would 
go out with him, sent the following commu- 
nication to Governor Lewelling: 

ToPEKA, Kan., Feb. 15, 1893. 
To His Excellency, L. D. Lewelling, Gover- 
nor of the State of Kansas : 
Sie: — I, as Sheriff of Shawnee County, am 
charged with the duty of preserving the 
peace within the territorial limits of this 
County. I am advised that you have called 



upon the Military power of the State to pre- 
serve peace in this County. I wish to in- 
form you that this action on your part is 
without my consent or concurrence and is 
wholly unnecessary, as I have at no time in- 
timated to you that I am unable to preserve 
the peace within this County. 

I now wish to inform you that I am fully 
able and prepared to enforce the laws and 
preserve peace and order, and it is my in- 
tention so to do. 

Very respectfully, 

J. M. WiLKEESON, 

Sheriff of Shawnee County, Kansas. 
The defection of Colonel Hughes rendered 
it imperatively necessary to allow the Re- 
publicans to retain possession of the hall for 
the time being, and they remained in ses- 
sion all night. The roll of the House was 
called each hour, and fifty-six members re- 
sponded to their names. A vote of thanks 
was extended to the citizens from other 
Kansas towns who were on their way to join 
the insurgeuts, and the balance of the night 
was passed in singing songs of the John 
Brown order, and snatching "cat naps" in 
any position that came handy. 



THE THIRD DAY. 



SUPPLIES FOE THE INSUEGENTS SMUGGLED 
THEOUGH THE LINES AND HOISTED TO THE 
HALL BY MEANS OF EOPES — UNCLE SAM'S 
MAIL OAEEIEES LEND A HAND — SHEEIFF 
WILKEBSON OEGANIZES A STEONG POSSE 
AND INSTEUCTS THEM SEOEETLY — AEEIVAL 
OF THE ''EOBINSON BIFLES" — THE SHBEIFF'S 
K.. "scheme" — THE GOVEENOB's "EEMOVAl" 
L SUGGESTED — CHIEF WELCH's FBANTIO AP- 

, peal to the santa fe fob beinfoboe- 

ments. 

In the first gray dawn of morning, on Feb- 
ruary 16, 1898, the capital of the great com- 
monwealth of Kansas presented the appear- 
ance of a city in a state of siege. True, the 
tattered remnant of the old flag still floated 
over the east wing of the State House, and a 
peaceful quiet prevaded everywhere, but 
through the mist that enveloped the massive 



THE THIRD DAY. 



49 



Capitol building like a cloud could dimly be 
discerned the gleam, of campfires, armed 
Bentries pacing their beats, the blue uni- 
forms of the Kansas National Guards, and 
the first companies turning out for a morn- 
ing drill on the paved streets. There was 
all the pomp and circumstance of war, and 
Kansas /was, in fact, as was declared by 
many a speaker and through the columns of 
the newspapers at that time, on the verge of 
armed revolution. 

Who were the revolutionists? What was 
the cause of this ominous situation in the 
most populous, powerful, wealthy and intel- 
ligent State in all the Trans-Missouri Em- 
pire? What brought this force of troops to- 
gether and transformed the quiet Capital 
into a seat of war? Those who have care- 
fully followed the chain of events described 
in the preceding chapters, have seen reveal- 
ed the hypocrisy of the Republican leaders 
and their pretended House of Representa- 
tives, who, ostensibly seeking a peaceable 
solution of the legislative problem through 
the court, secretly acted in such a manner as 
to precipitate a crisis, involve the authorities 
in the possibility of a bloody conflict, pit 
friends against friends and brothers against 
brothers, and well nigh bring ruin as well as 
disgrace upon Kansas. 

The Republicans had now committed two 
overt acts by which they hoped to bring 
about a serious crisis, and by the aid of a 
partisan judiciary and the force of over- 
whelming odds, overthrow the administra- 
tion and maintain their supremacy in the 
House of Representatives. They had ar- 
rested the Chief Clerk of the legal House on 
a ridiculous charge, and had threatened 
to unseat the Populist members arbitrarily. 
When the lattet sought to defend their rights 
as law-makers, their opponents had resorted 
to violence. Yet even now the law-abiding 
members of the legal House refused to be- 
come a party to the disgrace of the State by 
risking a collision with the Republicans, 
and so left the latter in undisputed posses- 
sion of the hall they had^seized by force,. 
and after a quiet meeting in the Governor's 
parlor, adjourned until 1:30 p. m. of this 
day. 

All night long the camp fires blazed on 
Capitol Square, and about these the mem- 
bers of the different reliefs huddled to keep 



themselves warm. The State House and 
surrounding grounds had been placed under 
complete military control after the incident 
in front of the main entrance on the even- 
ing before. The guards were advanced from 
the building and entrance to the front 
fence, where a strong line of pickets pa- 
trolled the whole square, while a cordon of 
sentries was thrown around „the entire 
building at a distance of about 200 feet 
from it. The enclosure was thus trans- 
formed into a military camp and ^became 
forbidden ground for those",^who did not 
wear the uniform of the Kansas National 
Guards, or carry a pass from the proper 
authorities. The regulations of the preced- 
ing afternoon were made more stringent 
and the last link in a perfect military disci- 
pline was supplied. 

Two more companies of militia arrived at 
6 o'clock this morning, being Battery A, 
Light Artillery, from Wichita, with its Ga*-- 
ling gun, and Go. G, Second RegimenV, 
Kansas National Guard, from Marion. 

The night had been one of anxiety, within 
as well as without the State House. Gover- 
nor Lewelling, Private Secretary Close and 
the members of the Executive Council of 
State, as well as a number of prominent cit- 
izens, apprehensive of the final result, re- 
mained up all night in the Governor's pri- 
vate ofiioe, where consultations were held 
hourly and every conceivable plan for set- 
tling the trouble without bloodshed was dis- 
cussed. It was only after weighing the mat- 
ter in his own mind for hours and taking 
the advice of his most trusted friends, that 
Governor Lewelling had decided to call out 
the militia, and he was determined to ex- 
haust every pacific means for an adjustment 
of the legislative differences before resort- 
ing to the extreme measure of calling into 
requisition the military forces of the State. 

Of course the Republican House could not 
remain in continu,al session for any great 
length of time without being supplied with 
food and refreshments from the outside, and 
as the guards were instructed to allow no one 
to enter without a pass, the scheme adopted 
at noon Wednesday became impracticable 
for further use. It could never have been 
utilized but for the presence of Republican 
sympathizers in the lanks of the militia, 
who deliberately violated their instructions 



50 



THE THIRD DAY. 



to refuse admittance to all persons not pro- 
vided with proper passes, in order to relieve 
the beseiged. It is preposterous to think 
that passes would have been issued for such 
a purpose by the Governor or Adjutant Gen- 
eral, so that the inevitable conclusfon is 
forsed upon us that the lines were passed 
through connivance upon the part of the 
guards. 

A yet more gross violation of military 
orders and discipline was shown when, at 
10 o'clock that night, the Populists discov- 
ered that provisions and coffee were being 
Bent up to the imprisoned members and offi- 
cers of the Douglass House by means of 
ropes lowered from the hall windows to the 
ground. They immediately proceeded to put 
stop to it, but those on the inside had al- 
ready been so liberally supplied that no in- 
convenience was suffered until next morn- 
ing. Then many of the members came out 
in squads and breakfasted, returning with 
as much as they could carry for the Deputy 
Sergeants-at-Arms, who did not dare to 
leave the hall for fear they would not be 
permitted to return. As there were so many 
of these Deputies that the demand could 
not be met in this manner, several of the 
United StateB-[niail carriers were pressed 
into service.^ i, NewS mail sacks were filled 
with provisions and ten- gallon cans of hot 
coffee, auove which a few old papers were 
placed, and thus equipped the federal em. 



the Kansas National Guards, with the inten- 
tion of making him the commandant of the 
troops as soon as his nomination should be 
confirmed. 

THE SHEKIFF CALLS FOE VOLUNTEEES. 

At 9:30 a. m,, in pursuance of a plan 
agreed upon the night before, Sheriff John 
M, Wilkerson appeared in the Copeland 
Hotel lobby and issued his proclamation, 
calling upon able-bodied men twenty one 
years old and upwards to enlist as Deputy 
Sheriffs, fox the ostensible purpose of pre- 
serving the peace. Three recruiting stations 
were opened — one at the Copeland club room, 
one at the hall of Lincoln Post No. 1, Giand 
Army of the Republic, and the other at the 
Sheriff's office in the Court House. The 
first to respond to this call for volunteers 
was Col. A. B. Campbell, Adjutant General 
under Governor Martin's administration, 
who was appointed Chief Deputy and placed 
in command. The next was Rev. W. F. File, 
the well known pastor of one of the Topeka 
churches. By 11:30 a m. nearly 500 deputies 
had been sworn in, when a large detachment 
was sent to the Santa Fe Depot to meet and 
disarm the Provisional company en route to 
Topelra from Lawrence to assist the Gover- 
nor and the militia forces. This company 
was formed from the ex- members of the 
famous Robinson Rifles, one of the oldest 
military organizations in the State, which 



ployes proceededj^to relieve the insurgent was reorganized through the instrumentality 



garrison of Representative Hall. In order 
that Ihey might not be interfered with in 
their illegal and unjustifiable work, the 
United States Marshal and his Deputies 
were on hand to arrest any Guard or officer 
who attempted to interfere with the United 
States mails (?) and thus the hungry Depu- 
ties were supplied with eatables and drink- 
ables. 

COLONEL HUGHES BELIEVED. 

Upon the dismissal of Colonel Hughes 
from the command of his regiment at 9 
o'clock on this morning, he was succeeded 
by Lieutenant Colonel George Barker, of 
Holton, who did not, however, succeed to 
the command of the entire force of militia 
concentrated on the State House grounds. 
On the contrary, the governor sent to the 
Senate the name of Hon. I. H. Hettinger, 
of Sedgwick, to be a^^Brigadier General of 



of Ex-Governor Robinson himself to aid the 
the State authorities in suppressing the re- 
bellion. Inasmuch as the Lawrence con- 
tingent came unarmed and was about 100 
strong, it was not molested by the valiant 
deputies, who returned to the Copeland. 

At noon the "Robinson Rifles," Capt. W. 
H. Sears commanding, reported to Adjutant 
General Artz, after which, by the instruction 
of the Governor, they attempted peaceably to 
gain admission to Representative hall. They 
were without uniforms, arms or any warlike 
paraphernalia, and were directed to forego 
all force or violence, but if possible to ac 
complish an entrance as citizens of Kansas. 
They were, however, summarily driven back 
from the door of the cloak room by the 
guards. There was not a blow struck, nor 
even a struggle. The company then marched 
out of the Capitol single file and equipped 



THE THIRD DAY. 



51. 



themselves from the Adjatant General's 
supplies at the arsenal. 

DEPUTIES SEOEETLY INSTBUOTED. 

At 1 p. m. the entire force of deputy sher- 
iffs was marched to Lincoln Post hall, where 
the doors were closed and guarded, all but 
regularly sworn officers being excluded. 
Here the work of organization proceeded 
under the direction of Col. Campbell. Thir- 
teen companies of twenty- four men each 
were formed and placed under the command 
of an equal number of experienced oificers. 
There was also one company consisting of 
forty-one men, to the command of which 
Captain A. M. Fuller was assigned. This 
was supposed to be the flower of the posse. 
Sheriff Wilkerson explained to the captains 
his plan of campaign, which was not to take 
the initiative, he said, in any case, but in 
the event of an attempt by the militia or 
any other force to remove the Republican 
House from the Hall of Representatives, he 
should move on the Capitol with his whole 
force, take possession at any cost and pre- 
vent the ejectment of the insurgents. 

Colonel Campbell made an address to the 
entire force, advising extreme caution, after 
which the fourteen companies were dis- 
missed with orders to report at once at 
designated points, such as the Copeland 
Hotel, the National Hotel, Republican head- 
quarters, etc. Captain Fuller's company 
remained at Grand Army hall, but all were 
ordered to be held in readiness to act at a 
moment's notice. The work of recruiting 
was continued until upwards of a thousand 
citizens were sworn in and decorated with 
blue badges, printed with the words "Deputy 
Sheriff." But they were destined never to 
be called upon to act, and it was perhaps 
well for them that they were not. They were 
but indifferently armed, some having rifles, 
shotguns and revolvers, though more were 
equipped with base ball bats and ordinary 
clubs, with which they expected to have no 
difficulty in beating out the brains of the 
Populists and stampeding the National 
Guards. 

It may be said right here that their plans 
are supposed to have been as follows: The 
blue-badged Deputies were to march upon 
the State House, where the Militia who 
were disposed to mutiny were expected to 
join them and the combined force was to 



invade the Capitol from the east front. Al , 
a pre-arranged signal, the red-badged As- 
sistant Sergeants-at Arms would leave Rep- 
resentative Hall and take up a position in 
the corridor of the west wing. The Gover- 
nor, the Populist State officials and the loyal 
Militia and provisional troops, would thusi; 
be hemmed in between two fires and would 
be compelled to surrender unconditionally 
or be shot down in their tracks. The "re- 
moval" of the Governor had already been 
so openly suggested to the reckless opposera 
of the administration that it became neces- 
sary in order to allay public excitement and 
apprehension to publish the fact that hi 3 
personal safety was amply provided for bp 
his friends. 

CHIEF WELCH APPEALS TO THE SANTA EE. 

R. B. Welch, Chief of the Assistant Ser- 
geants at- Arms, continued to add to his' 
force until its number became quite formid- 
able. The list included bankers, merchants, 
lawyers, physicians, Washburn students, 
students of the State University and about 
every class that could have been drawn from. 
Had Chief Welch had his own way the entire 
Santa Fe shop strength would have been, 
added to his army. 

One of the amusing incidents of this very 
trying time, but a significant one for all 
that, was his attempt to have the shopmem 
ordered out. It was just after the news 
reached the Republican House that Gov- 
ernor Lewelling had called out the 
National Guards. Mr. Welch was greatly 
excited at the tidings and declared he would 
at once summon to the aid of the insurgents 
all the Santa Fe shopmen. He ran to the 
telephone and called up the office of Geo. R, 
Peck, to whom he made known his wishes in. 
an agitated, yet peremptory manner. Mr, 
Peck was, however, too old to be caught in 
this style and the shops were not closed do wa 
on that day. 

The details of this little episode were thus, 
related in the Topeka State Journal of Feb- 
ruary 15: 

When it was learned that the Populists 
would call out the militia, the Republicans 
in the House were greatly incensed. 

"I'll fix 'em," yelled R. B. Welch, of this 
city. "Where is a telephone?" 

"In the Sergeant-at- Arms' room," some 
one replied. A rush was made for the room, 
and Mr. Welch and two other men broke m 
the door. A young man captured the tele » 



52 



THE THIRD DAY, 



phone, but he was jerked away, and Mr. 
Welch called for "George R. Peck, Santa Fe 
offices." This caused a sensation, but a 
minute later the sensation was doubled. 
*'Mr. Peck, I wish you would order out all 
the shopmen yoji can get." There was de- 
lay in receiving response to the telephone, 
but as soon as the object of the telephoning 
was learned the Republicans went wild with 
excitement and exthusiasm. 

ME. WELCH'S STATEMENT. 

The same paper, in its issue of February 
18, contained a statement from Mr. Welch 
as to how he happened to call on the Santa 
Fe shopmen, which fully confirms the truth 
of this interesting bit of history. It was as 
follows: 

Camp Douglass, February 18, 1893. 
To the Editor of the State Journal: 

Dear Sie:— The statement in the Journetl 
of a few days ago, that as commander of 
the Assistant Sergeants-at-Arms, I requested 
George R. Peck to order out their shopmen 
does me and those whom I represent injus- 
tice. The article was more erroneous in 
what it did not say than in what was said. 
When the door to the Sergeants-at-Arms' 
room containing the telephone, was broken 
through, your reporter, Elwood Peffer, was 
the first man through,' and to the 'phone al- 
though he did not assist in opening the 
door. I do not complain of this, I rather 
admire the enterprise displayed as a re- 
porter, but I gently put him to one side and 
called the law department of the Santa Fe. 

Mr. Peck was not there, and I called for 
Mr. Hurd, who, as I understood, talked to 
me* I do not know the terms I first used. I 
was not studying rhetoric just then. As I 
remember it, the conversation was a la 
United States. His answer was that they 
wished all of their employes to act as any 
other citizens. I replied that this was all we 
expected, but that I wished him to give the 
boys in the shops information that an as- 
sault was about to be made by the Governor's 
posse to disband the legal House of Repre- 
sentatives, and that if any of their employes 
wished to assist in the defense, to permit 
them to do so. This is all that I had thought 
of requesting of the Santa Fe and the rea- 
son for speaking to them was that there were 
more more men in a body at the shops than 
any other place in the state, and were near 
at hand. Nor do I wish to apologize for this 
action. 

In the emergency of that time I was not 
disposed to consult the prejudices of either 
socialists or anarchists. I know many of the 
men working in the shops and know they 
have no sympathy with lawlessness and are 
possessed with the necessary brain, brawn 
and courage for the emergency. Yours truly. 
R. B. Welch. 

The excuse for accepting the services of 
the Washburn lads is said to have been that 



the Republicans might thereby secure the 
guns with which that institution is supplied 
by the Federal government. 

Colonel D. R. Anthony and ex-Governor 
George T. Anthony, Mrs. Laura M. Johns, 
of Salina, and Mrs. W. A. Morgan, wife of 
Senator Morgan, of Cottonwood Falls, were 
among the noted personages sworn in as 
Assistant Sergeants-at-arms, and decorated 
with red badges. 

It will be seen that the warlike prepara- 
tions were actively carried on, and it will 
readily be surmised that the citizens of To- 
peka who were awakened in the morning by 
the notes of the bugle to find thousands of 
strangers in the city and every incoming 
train swelling their number, and to see 
troops parading the streets and martial law 
prevailing on Capitol Square, had quite 
enough to work them up to the highest pitch 
of excitement. Business was practically 
suspended except at the hotels and restau- 
rants, the Militia patronizing the latter and 
crowding their capacity, as was that of the 
hotels by the presence of so many unex- 
pected guests. All day long the streets op- 
posite the east front of the State House 
were thronged with people who were mo- 
mentarily anticipating a collision between 
the opposing forces. All day long there was 
a line of people essaying to pass the 
Guards at the east gates and get 
closer to the scene of action. From this 
point the crowd filled the streets and side- 
walks for a block north, east and south. 
Hundreds came in their vehicles and sat pa- 
tiently for hours to witness the outcome of 
the rebellion, and the wall about the Santa 
Fe headquarters building was black with 
curious humanity. The number of women 
who were present was astonishing, and 
doubtless respect for them had not a little to 
with preventing an open riot, as opposing 
partisans now and then indulged in a heated 
argument that all but ended in blows. The 
steps of the First Baptist Church, particular- 
ly, resembled a ladies' gallery in some pub- 
lic hall, and the sign "Standing Room Only" 
might have appropriately been hung up at 
that point at almost any hour. 

The small boy was omnipresent, and the 
tougher element became more boisterous 
and unendurable than ever. A sublime dis- 
regard of peaceful persons and pursuits was 



A TRUCE AGREED TO. 



53 



evinced, and the youth who didn't carry a 
club as large as himself, and talk in the 
tones of a Mississippi river fog horn wasn't 
in it. In short, the demoralizing effect of 
the insurrection permeated all ranks and 
classes, and at this remote day it seems lit- 
tle short of miraculous that there was not a 
bloody battle on the streets precipitated by 
some of the outrageous things perpetrated 
by the young and thoughtless. 

A few Populists and many Republicans 
hastened to the city from every portion of 
the State to uphold the administration in its 
battle against disloyalty and treason, and al- 
most every hour witnessed the arrival of 
fresh troops on the scene. At nightfall the 
Kansas National Guards concentrated at the 
Capital included the following: 

Battery A, Light Artillery, with Gatling 
gun, Wichita, Capt. William Metcalf. 

Battery B, Light Artillery, Topeka, Capt. 
W. H. Parker. 

Company C, Oakland, Capt. Frank Shap- 
ter. 
Company B, Holton, Capt. J. S. Jacobs. 
Company G, Emporia, Captain Lewis. 
Independent Rifles, Lawrence, Capt. W. 
H. Sears. 

Provisional Company A (volunteers), 
Capt. J. F. McDonald. 

Provisional Company B (volunteers), 
Captain Lindsay. 

Three additional companies had also been 
ordere to report at Topeka— from Howard, 
El Dorado and Eureka. 

Telegrams from Cities and Towns all over 
the State announced the departure of hun- 
dreds of non-combatants for the seat of 
war, who were about equally divided as to 
the side on which they were ready to serve, 



A TRUCE AGREED TO. 



THE GOVEENOE'S PEOPOSITION TO THE DOUG- 
LASS HOUSE — A OOUNTEE PBOPOSITION — THE 
GUNN HABEAS OOBPUS CASE — SPEAKEE DUNS" 
MOEE ON THE SITUATION — SHEEIFE WILKEE- 
SON ASKS THE GOVEENOE TO SUEEENDEE THE 
OONTEOL OF THE CAPITOL TO HIM — ANOTHEE 
ALL NIGHT SEIGE AND A STOEM. 

During the forenoon measures were taken 
to bring about a peace conference, the prin- 
cipal promoters being ex-Goveruor Robin- 
son, ex- Governor Osborne, and Colonel 
Lynde, of Miami. Governor Le welling, 
still pursuing the conservative and prudent 
policy which marked his course throughout 
this troublous week, readily co-operated and 
before noon gave audience to a peace com- 
mittee from the Douglass House at the Ex- 
ecutive office. The result was that at 2 p, 
m., the following proposition from the 
Governor was submitted to the Douglass 
House for its acceptance or rejection, 
through the hands of Private Sectreary 
Close: 

THE GOVEENOE'S PEOPOSITION. 

Topeka, Feb. 16, 1893. 



The Governor offers, in the interest of 
peace and harmony, that he will withdraw 
the State militia, and not allow the Republi- 
can House or its employes to be interfered 
with by the Populists. 

Provided, That all proceedings that have 
been commenced by the Republicans arising 
Tlie situation became more critical every ^^'^^ *he arrest of Ben C. Rich be dropped, 
jjQ^j, and that the Populist members and em- 

ployes be not disturbed by the arrest of 
officials or otherwise, and the Sheriff of 
Shawnee County discharge his deputies and 
does not interfere, nor try to interfere, with 
the acts of the Populists and State officials, 
including militia, and this agreement to 
continue in force until the close of the pres- 
ent session of the Legislature. 

L. D. Lewelling, Governor. 
Secretary Close said: "The Governor 
thought that this proposition 'was a fair one, 
and in presenting it I hope you can arrange 
matters satisfactorily to all. There is great 
danger of a conflict this afternoon, and I do 
not believe you want to urge this upon us» 



54 



A TRUCE AGREED TO. 



For the sake of harmony we offer this. I 
hope you will accept it at once. If you do 
not I fear that in the next hour blood will 
be shed.-' 

Mr. Seaton said: "I had been asked by the 
Governor to present this matter. I had 
good reason to decline, as I knew you would 
Jiot receive it." 

At 2:10 the House went into executive ses- 
sion to consider the Goveraor's proposition 
and formulate a reply 

Mr. Sherman, of Shawnee, moved that the 
proposition be referred to a committee with 
instructions to prepare a counter proposition 
to be offered on the part of the Republican 
House to the Governor. 

Mr. Swan, of Shawnee, was opposed .'ito 
temporizing. "Calmly and coolly we stand 
here upon a vantage ground," he said, 
* 'which has been gained by hard work and 
fikill, and we should not yield one inch." 

Mr. Benefiel, of Montgomery, said this 
was the legal House and he was not in favor 
of receding in the least. 

Mr. Richter, of Morris, was opposed to 
dealing with the Governor until he had re- 
moved the militia; this House had not, he 
waid, menaced the Governor, nor any of his 
pets. 

Mr.^ Ballinger, of Coffey, was in favor of 
making one more proposition to the Gover- 
nor, and Mr. Eastman, of Ljon, and Mr, 
Cubbison, of Wyandotte, coincided with 
him, the latter holding that it was right to 
listen to any proposition looking to a settle- 
ment, although they were as determined as 
ever to adhere to their position. 

Speaker Douglass,, as a member merely, 
-counseled the House to submit another prop- 
osition to the Governor, and Speaker Pro 
Tem Hoch expressed the same view, adding 
that the proposition would be so fair that no 
fair-minded man in Kansas would object to 
it. This idea was favored by Mr, Greenlee, 
of Reno; Mr. Warner, of Cherokee, and 
others. 

The Speaker finally appointed Hoch, of 
Marion; Sherman, of Shawnee; Cubbison, 
of Wyandotte; Atherton, of Russell, and 
Benefiel, of Montgomery, as a committee to 
prepare and submit a counter proposition. 

A OOUNTEB PEOPOSITION. 

At the end of half an hour the committee 
r eported through Chairman Sherman; and 



after some farther discussion and amend- 
ment the following was agreed upon as the 
counter proposition: 

The House of Representatives over which 
Hon George L. Douglass presides, having 
commenced contempt proceedings against 
certain persons for the sole purpose of car- 
rying the difficulties existing between it and 
the body presided over by Hon. J. M. Duns- 
more before the courts for legal settlement, 
now, in the interest of peace, agrees to the 
following: 

First. — To dismiss all contempt proceed- 
ings heretofore commenced. 

Second. — The body presided over by Hon. 
J. M. Dunsmore to arrest Frank L. Brown, 
Chief Clerk of this House, and the body 
presided over by Hon. George L. Douglass 
to arrest Ben C. Rich, Chief Clerk of the 
body presided over by Hon. J. M. Duns- 
more, both of said arrests to be upon the 
charge of contempt and to be made imme- 
diately, and the respective parties to apply 
to the Supreme Court for release by habeas 
corpus, both of said cases to be prosecuted 
upon the sole question of the legality of the 
respective Houses. 

Third. — The Governor to discharge and 
dismiss the State militia and provisional 
guards. 

Fourth. — The Sheriff of Shawnee County 
to dismiss all special Deputy Sheriffs 

Fifth- — The House of Representatives 
presided over by Hon. George L. Douglass 
to have exclusive, free and undisputed pos- 
session of Representative Hall, with all ap- 
purtenances, rooms and approaches. 

Sixth. — This agreement to remain in force 
until the Supreme Court shall have decided 
the issue in controversy. 

Seventh. — In order to avoid misunder- 
standing in the future, that the agreement 
of these resolutions or plan of action shall 
be ratified by the signatures of each of the 
presiding officers of both contending bodies 
and the Governor. 

Messrs, Sherman, Chambers (democrat), 
Benefiel, Cubbison and Atherton were ap- 
pointed a committee to submit this counter 
proposition to the Governor, which they did 
immediately, returning shortly with the an- 
nouncement that the Governor had asked 
until Friday morning at 9 o'clock to consider 
the proposition, at which time a conference 
between the Governor, the Populists and 
the Republicans would be held, 

THE GUNN CASE. 

The case of L, C, Gunn, above referred to, 
and which was destined to play an important 
part in the legislative muddle, will be 
spoken of more at length in another chap- 
ter. He had been arrested at his home in 
Labette county, on Wednesday, February 
15, by C. C, Clevenger, Sergeant-at-Arms of 



A TRUCE AGREED TO. 



55 



the Donglass House, and brought to Topeka 
to answer to the charge of contempt in re- 
fusing to obey a summons issued by the 
House Elections Committee. On his arrival 
here, Mr. Gunn at once petitioned the Su- 
preme Court for a writ of habeas corpus, 
which was granted, and he was released un- 
der a $500 bond, to appear at 10 a. m. on 
Friday, February 17, for a final hearing. 
The grounds on which the writ was applied 
for were that the Republican House was an 
illegal body, and had no authority to com- 
mand his appearance. As a matter of fact, 
his offense and arrest were pre-arranged by 
the Republicans, in order to get the whole 
matter before the Supreme Court, where 
they anticipated a favorable decision on the 
legal status of the House. 

SPEAKEB DUNSMOEe's STATEMENT. 

On the afternoon of this same day (Thurs-- 
day, February 16,) the Populist House, be- 
ing deprived of the use of their hall, which 
was in the possession of the Republicans, 
secured temporary quarters in the Stormont 
bmlding, where it met in the afternoon at 3 
o'clock and proceeded with the business of 
the session. Several bills were received 
from the Senate and read by title and it was 
determined to pass all important measures 
and adjourn at the earliest possible date. 
Speaker Dunsmore furnished the following 
statement concerning the House situation 
for publication: 

With the attempt of the Douglass organ- 
ization to arrest Chief Clerk Ben Rich, it 
became my duty to protect him in my office. 
Any other course would have been cowardly, 
and a recognition of Douglass and his Re- 
publican House, calculated to destroy the 
organizatian recognized by the Governor 
and Senate. 

The claim made by the Republicans in 
that they took that method to get into the 
Courts is false. It was unnecessary to do so, 
for the reason that bills passed by the Legis- 
islature, as tow organized, gave them am- 
ple opportunity to test any legal questions 
involved. 

The real object of the Republicans was 
and is to destroy the organization over 
which I preside, and its records, and thus 
force the governor and senate to recognize 
them, and with the further intention of 
holding another election. I took suoh 
course as I deemed best to protect the House 
organization, instructing my sergeant-at- 
arms to use no more force than necessary, 
and in no case take life, except in defense of 
their persons. When my guards were over- 



powered I laid tne matter berore tne gover- 
nor, and he acted promptly. 

I had, a short time previously, in antici- 
pation of trouble, made a written request 
for such force as the Governor may believe 
proper under the circumstances. The ques- 
tion as it now stands is simply whether or 
not the Republican party can compel the 
Governor and Senate to recognize a body of 
men whose organization was not effected by 
men who were elected by the people. 

J. M. DuN«M0EE, Speaker, 

THE sheriff's IMPEETINENT DEMAND. 

About 5 p. m. Sheriff Wilkerson, who had 
been engaged all day in organizing his 
posse of nearly one thousand deputies, 
called on Governor Lewelling and stated 
that he was amply prepared to defend the 
state property, and asked that he be given 
control of the capitol. 

The Governor met this act of unparal- 
leled impertinence and j audacity with a 
"prompt refusal to withdraw the militia, as 
he had the authority to call them out and to 
preserve the peace, which the Sheriff had 
refused to do when called upon Tuesday 
evening. 

The Governor and the Sheriff came to no 
new understanding regarding the hostilities, 
but it was agreed that no aggressive Jmove 
should be made on either side and that 
everything should remain in statu quo unti 
9 a. m. Friday. The Sentries and the Picket 
lines were therefore retained about the 
Capitol all night, while a force of Deputy 
Sheriffs was detailed to patrol the grounds 
on the outside of the military cordon and a 
company of Deputy Sheriffs was held under 
arms at the Court House all night to be 
ready in case of an emergency. 

A EOUGH NIGHT. 

The Republican House again spent the 
night in Representative hall, once or twice 
communic<itingwith the Governor in regard 
to his decision on the counter' proposition. 
The utmost vigilance was observed to pre- 
vent an attempt on the part of the'Populists 
to capture the hall, which was aniinsult to 
the Governor, in that it questioned his good 
faith in agreeing to a cessation of. "hostilities 
until 9 o'clock next morning. Speaker pro 
tern Hoch invited the company of ..National 
Guards from Marion to camp in the hall 
for the night,which invitation was accepted. 

Captain Shatter, now 'ranking next to 
Lieutenant Colonel Barker, had command 



56 



PEACE DECLARED. 



of the night force, consisting of seventy -six 
men. There were three reliefs, two hours 
on and four hours off. He had in all under 
arms 250 men. The boys got their iirst 
touch of rough weather this night,as a heavy 
snow storm set in about 9 o'clock, and con- 
tinued until morning. The call of the sen- 
tries alone broke the silence on Capitol 
Square that night. 



PEACE DECLARED. 



GOVEKNOE LEWELLING's PEOPOSITION ACCEPT- 
ED BY THE DOUGLASS HOUSE — THE MILITIA 
BELIETED FEOM DUTY AND THE SHEBIFf's 
POSSE DISBAjnDED — THE POSITION OF THE 
DUAL HOUSE NOT AFFECTED BY THE WAE — 
THE GOVEENOK SUMS UP THE EESULTS OF THE 
INSUEEECTION. 

It is settled. No blood ; no victory. But 
there is peace. 

The overtures made by Governor Lewel- 
ling for an amicable settlement of differ- 
ences between the contending parties, such 
as would relieve the strained situation that 
had existed for three days, were on Friday, 
February 17, rewarded with success. Terms 
of peace were agreed upon and signed by 
Governor LeweliiHg and the committee act- 
ing for the Republican House, which agree- 
ment wae, however, submitted to and ratified 
by a caucus of twenty or more Senators be- 
fore it became binding upon the Governor, 
and the rebellion came to an end, with the 
extension of general amnesty to the insur- 
gents^ank and file. To whom belongs the 
credit for averting a bloody conflict and a 
prolonged struggle between armed forces 
that would have found friends arrayed 
against each other, neighbors against neigh- 
bors, brothers against brothers? Let the 
Capital, which all along so bitterly maligned 
and so shamefully misrepresented the Chief 
Executive of the State, speak, and stand 
convicted out of its own mouth. In its issue 
of February 18, it says: 
"At 1 o'clock yesterday (Friday) morn- 



ing there was presented to the legal Honse 
a proposition which finally resulted in a 
declaration of peace. It came from Gov- 
ernor liewelllng." 

The proposition referred to called forth a 
lively discussion, which lasted until almost 
the dawn of morning, when the Republican 
House decided that the Governor's terms of 
peace were satisfactory. A committee was 
immediately named to announce to the Gov- 
ernor the acceptance of his proposition and 
to ratify on the part of the House the terms 
of the agreement. This committee consist- 
ed of Speaker Douglass, D. W. Eastman, of 
Lyon County, and J. K. Cubbison, of Wyan- 
dotte County. It was expected that they 
would be able to report to the House early 
in the morning, and that hostilities would 
cease immediately. The majority of the 
members, therefore, left the hall to procure 
the first warm meal they had enjoyed for 
two days, but the 300 or more deputies re- 
mained prisoners, strict orders having been 
given by Adjutant General Artz to the guards 
to admit no Assistant Sergeants- at- Arms 
without his authority, which it was too early 
to obtain. ! 

During the night the snow had fallen 
steadily and the earth was covered with a 
white mantle ten inches in thickness. It 
had driven in the pickets and smothered the 
camp fires, from whose smouldering embers 
thin columns of blue smoke rose high in the 
clear, crisp atmosphere. The sun rose in 
an azure sky and poured a flood of glory- 
over the scene. Everything breathed peace, 
and the load of anxiety that had for days 
weighed heavily on the citizens of the whole 
commonwealth was lifted and passed away. 

BLOODSHED NAEEOWLY AVERTED. 

The only unfortunate occurrence of the 
morning was brought about in the attempt 
to smuggle food into the state house to feed 
for the sixth time since their self-imposed 
incarceration the small army of aesistant 
sergeants -at-arms. The deputy sheriffs had, 
as usual, m--.ssed themselves at their head- 
quarters, the Copeland hotel, which was also 
the source from which the insurgents drew 
their rations. It was not deemed prudent 
to again resort to federal mail carriers to 
send provisions to Welch's forces, so about 
sixty of these'deputies undertook to run the 
gauntlet with baskets of provisions and cans 



PEACE DECLARED. 



57 



of hot coffee. At 9:30 they made a success- 
ful rush on the guard in front of the state 
house, followed closely by some twenty 
members of the Douglass House. In this 
way they broke through the lines at the 
gates and advanced upon the sentries, who 
refused to admit them to the building. The 
sheriffs thereupon^ formed a solid phalanx, 
charged upon the guard and went on up to 
the hall, hooting and yelling like a band of 
Apache Indians. At the moment in which the 
sheriffs broke through the guard lines, one of 
the guards snapped his Winchester, but for 
some unaccountable reason the weapon 
missed fire, and thus, in a manner which 
seems miraculous, bloodshed was averted. 
Had the Winchester been discharged there 
is no doabt but the most serious conse- 
quences would have followed. The cart- 
ridge which was thus snapped is now in the 
State Historical Society's rooms, and plainly 
shows the indentations made by the gun 
lock. 

In the melee. Dr. Patee, who was acting 
as Assistant Adjutant in charge of the squad 
on duty at the entrance, was struck on the 
head with a club and afterwards with the 
butt of a revolver and was quite seriously 
bruised. A gash was cut in the top of his 
head by the revolver that bled profusely. 
He followed the mob up to the House and 
searched for his assailant but could not find 
him. After this breach a strong force was 
placed at the gates, where, owing to the 
truce of the preceding night but a small 
squad had been stationed. 

A QUIET MOENING. 

The deep snow, which, under the influ- 
encee of a bright sun, began to melt and 
change the gutters into running streams, 
prevented the assembling this morning of a 
great crowd such as had occupied the 
streets in front of the Capitol on Thursday, 
and with the storm and the pacific news 
from the Legislative Halls all interest in, 
as well as all anxiety regarding the situation 
seemed to have been obliterated so far as 
the general public was concerned. 

The members of the Douglass House were 
disappointed in their anticipations of an 
immediate report from the committee ap- 
pointed to close the peace compact with the 
Governor, as there were so many minor de- 
tails wanting to complete the arrangement 



that it was nearly noon before the document 
was in a shape that proved satisfactory to 
both sides. In the meantime two or three 
additional companies of militia that had 
been ordered to the Capitol when the situa- 
tion appeared to be so critical on Thursday 
afternoon, put m an appearance and the 
State House and grounds remained in com- 
plete possession of the military authorities, 
no one being admitted without a pass 
signed by the Governor or the Adjutant 
General. 

A block away and confronting the east 
entrance of the State House, Sheriff Wilk- 
erson's army of deputies was held in read- 
iness, upon the slightest excuse, to attempt 
the capture of the Capitol at a naoment's 
notice. 

No attempt was made in the Republican 
House to do business, but speeches were 
made by ex-Governor Anthony, Col. John 
M. Brown, Mrs. Laura M. Johns and others. 
Speaker Pro Tem. Hoch held the chair 
throughout the morning session. 

THE COMMITTEE EEPOET AOOEPTED. 

At 12:25 p. m. the committee which had 
been closeted with the governor for several 
hours entered the hall, and its chairman, 
Speaker Douglass, presented to the House 
the agreement entered into between the 
committee and the Governor, which was aa 
follows: 

ToPEKA, February 17, 1893. 

First — It being the understanding that 
the House presided over by Hon. J. M. 
Dunsmore has secured a hall in which to 
meet, the House presided over by Hon. G. 
L. Douglass shall remain in possession of 
Representative Hall undisturbed and unmo- 
lested. 

Second — The House presided over by Mr. 
Dunsmore shall in like manner be undis- 
turbed and unmolested in the possession of 
the hall which it has secured, and if it de- 
sires select a room in the State House for 
its meetings other than Representative Hall. 

Third — No arrests to be made by either 
House of the members or officers of the 
other. 

Fourth — The militia to be immediately re- 
lieved, including the new recruits sworn in, 
and the Sheriff's posse to be immediately 
disbanded. 

Fifth — The militia companies now en route 
for Topeka to be immediately telegraphed 




58 



PEACE DECLARED. 



to by the Governor to return to their homes. 
[Signed.] L. D, Lewelling, 

Governor. 
Gec. L. Douglass, 
d. w. e&stman, 
j. k cubbison, 
Committee on the part of the House presid- 
ed over by Mr. Douglass. 
The following additional memorandum 
was attached to the agreement: 

The memoranda this day signed by Gov- 
ernor Lewelling and George L. Douglass, 
D. W. Eastman and J. K. Gubbison as a 
committee of the House of Representatives 
presided over by Mr. Douglass and hereto 
attached, is not to be construed as a recog- 
nition by either the Douglass or Dunsmore 
House of the legal organization or character 
of the other, or by the Governor or the Sen- 
ate as a recognition of either of such Houses, 
and shall not be used in court or in any 
legislative body as evidence for any person, 
party or body, and shall not be entered 
upon the journal or other record of either 
the Doxiglass or Dansmore House or the 
Senate. 

(Signed) L D. Lewelling, Governor. 
G. L. Douglass, 
D. M. Eastman, 
J. K, CuBBisoN, Committee. 
The agreement was accepted by a vote of 
the House and a little later flags were raised 
upon the west wing and the dome, the stars 
and stripes indicating the surrender of the 
insurgents and their renewal of allegience 
to the State and Federal Government. 

THE BAEKIOADES TOBN DOWN. 

Steps were immediately taken to release 
the oflScers and members from their long 
confinement in Representative Hall, and on 
motion of Colonel Warner, Chairman of 
the "Barricade Committee," the work of re- 
moving the heavy timbers and other ob- 
^ structions from the doors and stairways was 
begun and completed in the course of a 
couple of hours. 

The continued animosity felt by some of 
the Republican patriots ( ?) toward the ad- 
ministration was shown by the motion made 
by Mr. Seaton that the decorations of the 
Hall , which had remained there since the 
inauguration of Governor Lewelling, be re- 
moved. Wiser heads saw the folly of such 
boys' play and there were cries of "No!" 
"No!" from several members, whereupon 
Mr. Seaton withdrew his motion. An over- 
zealous Assistant fciergeant-at-Arms at- 
tempted to carry out the object of Mr. 
Seaton's motion without the authority of 
the House, when Speaker Pro Tern Hoch 



promptly "squelched" him by threatening 
to order the arrest of any one removing the 
decorations of the Hall. 

The Speaker summoned the Assistant Ser- 
geants-at-Arms before the House later on 
and complimented them on their splendidf ?) 
service for the State. "The cause of good 
government and law and order will always 
be indebted to you," he said, "as few men 
have eyer rendered greater services to the 
State than you have." 

In the absence of proof of other valorous 
deeds, it is to be presumed the heroic service 
of the deputies consisted in demolishing 
over $1,400 worth of sandwiches and coffee 
behind the barricades, for which the State 
subsequently had to pay, as well as for the 
aforesaid services at the rate of |3 per day. 

Speaker Douglass was followed in a simi- 
lar strain by Chief Deputy Welch and 
Speaker Pro Tern Hooh, after which three 
cheers were given for Commander Welch. A 
force of thirty Assistant Sergeants- at- Arms 
was appointed to remain on guard in the hall 
over night and about 3 p. m, the House took 
a recess until 10 a. m. Saturday, with the 
understanding that it would then adjourn 
until 4 p. m. Monday. 

DiSBANDING THE EOEOBS. 

In the meantime the military guard 
around the State House had been removed, 
and the Adjutant General and his staff were 
busy issuing orders and relieving from duty 
the several companies of the Kansas Na- 
tional Guards that had been concentrated 
at the Capital. Telegrams were sent out 
countermanding the call for additional 
troops, and the provisional guards were re- 
lieved from duty and disbanded. Trans- 
portation was hurriedly secured for those 
companies anxious to leave for home on the 
afternoon trains, and a general order was 
issued by the Governor releasing all com- 
panies from service until further orders. 

Sheriff Wiikerson's army was also mus- 
tered out of service during the afternoon, 
the battle flags were furled and the sun went 
down on a city and State where peace had 
resumed its reign after a bloodless revolu- 
tion. 

Of course the events of the three days of 
anxiety and trouble, and their final result, 
had no effect on the legislative muddle, but 
left the lower house still divided as before. 



BAD FAITH. 



59 



THE EESULTS OF THE WAK. 

Governor Lewelling very ably summed up 
the results of the war in the following state- 
ment dictated on this day for the press: 

The Populist party has taken no step 
backward. To the Republican House has 
been conceded the possession of Eepresenta- 
tive hall in the (Japitol building. This does 
not constitute a legislative body, nor does it 
empower anybody to make laws that shall 
be recognized by the people. The conces- 
sion of the hall to the Republican House is 
not an admission on the part of the Popu- 
lists or myself that the Republican is the 
constitutional House. In the interests of 
peace and for the welfare of the people, the 
Douglass House has been given the use of 
Representative hall. Had possession of it 
been steadfastly claimed by the Populists, 
and striven for, the problem wcjuld have re- 
solved itself for solution into ^ shameful 
physical contest. The Populif ^ Legislature 
may now go on unmolested in the transac- 
tion of its business and proceed in a regular 
and lawful manner to the conservation of 
the public weal. The Governor and the 
S^'nate of Kansas will recognize but one 
House of Representatives. 

If, at some later day, the Supreme Court 
shall declare the Populist House an uncon- 
stitutional body, then the responsibility for 
the action of the Court will rest with it 
alone. The people are the judges of the ac- 
tion of their Representatives and if there is 
any blame it will be cast in the right direc- 
tion. It must not be lost sight of, that the 
Populists have at all times denied the right 
of the Supreme Court to determine ques- 
tions pertaining to the organization of the 
House of Representatives. 

The attempted arrest of Chief Clerk Ben 
G. Rich, of the Populist House, by the Re- 
publicans, and the menacing attitude of the 
lawless element, strengthened by Republi 
can sanction, made the situation grave in 
the extreme. Had the Republicans declared 
the seats of the Populist Representatives 
vacant, as they publicly announced they 
would do, and attempted to arrest the mem- 
bers of the 'Dunsmore House because they 
persisted in remaining in Representative 
Hall attending to the business that the well- 
being of the people demanded, matters 
would have been brought to a crisis. In the 
endeavor of the Douglass House to force 
their illegal claims, it was zealously sup- 
ported by an armed mob under the com- 
mand of the Sheriff of Shawnee County, who 
has always been hostile to the Pop- 
ulist party, and it seemed certaiK that 
there would have been a bloody 
conflict. This condition of things seemed 
to make it necessary that the restraining in- 
fluence of the military should be invoked. 
This was done, and the result to-day is that 
the Populist House is suffered to proceed 
without fear of molestation to the transac- 
tion of business. Bloodshed has been 



averted. This is the crowning triumph of 
the Populist victory. 

The Populist House met on this day, and 
after transacting considerable business of a 
routine nature, adjourned to Monday, Feb- 
ruary 20, at 3:30 p. m. 



BAD FAITH. 



MEMBERS OF THE POPULIST HOUSE SEKVED 
WITH NOTICE TO APPEAB IN THE DOUGLASS 
HOUSE OE THEIE SEATS WILL BE VACATED — 
THE GUNN CASE CONTINUED BY THE SUPBEME 
COUET — THE POPULIST BODY MEMOEIALIZED 
BY THE EXECUTIVE COUNCIL TO COMPLETE 
ALL NEEDFUL LEGISLATION BEFOEE ADJOURN- 
MENT. 

On the day following the signing of the 
peace protocol, the withdrawal of the mili- 
tary control over the State House and 
grounds and the disbandment of the Sheriff's 
posse, there were several events of more 
than passing importance. Of chief interest, 
as it evidenced bad faith on the part of the 
Douglass House, was the act of theSergeant- 
at-Arms, under instructions, of course, in 
serving notice upon the Populist members 
that unless they appeared before the Repub- 
lican House not later than Tuesday, Feb- 
ruary 21, or showed satisfactory cause for 
not doing so, their seats would be declared 
vacant, and the Governor would be asked to 
call a special election in each of the fifty-six 
districts to fill the vacancies. This menda- 
cious attempt at intimidation was either de- 
nounced or wholly ignored by the members 
of the Duns more House, who knew the Re- 
publicans would not dare lo put the order 
into effect until after a decision of the Su- 
preme Court. It was made in accordance 
with the resolution introduced by Mr. Sea- 
ton and adopted a few days before. 

JUDGE HAZEN ENJOINS THE STATE TEEASUEEE. 

In the District Court of Shawnee County, 
at 9 a. m.. Judge Hazen rendered his de- 
cision in the injunction case commenced by 
B. M. Curtis, County Attorney, against W. 



60 



BAD FAITH. 



H. Biddle, State Treasurer, and Van B. 
Prather, State Anditor, to prevent the pay- 
ing out of money under authority of the 
appropriation bill passed by the Populist 
House and Senate and signed by the Gov- 
ernor, granting a temporary restraining 
order. The decision was orally delivered 
and very lengthy, reviewing the facts inci- 
cent to the organization of the dual House 
of Representatives from a Republican stand- 
point. The Court held that it possessed the 
right and power to inquire into the manner 
in which a House of Representatives is or- 
ganized, which was the chief point raised by 
the attorney for the defense. It further held 
that this was necessary in order to prevent 
two or more Houses of Representatives be- 
ing created under a like pretense, the two 
Houses now claiming to be legally orga- 
nized being cited as an illustration. 

On the other hand, however, the court de- 
cided that it was not vested with the right 
or power of inquiring into the methods by 
which members were elected to the Legisla- 
ture, but must be guided by the credentials 
they held as members. The court decided 
that the J. M. Dunsmore House of Repre- 
sentatives, not having been legally organ- 
ized, was not a legal House of Representa- 
tives, and ordered that the State Treasurer 
be and hereby is restrained from paying out 
monies provided for in the salary bill acted 
on by the Dunsmore House. 

AN UNEEASONABLE DECISION. 

This decision has been severely criticized 
by the most competent legal authority in 
the State, and was, at the time, very gener- 
ally conceded to have been based upon party 
expediency rather than upon law. For in- 
stance, the court admits that it has no right 
to inquire into the methods by which mem- 
bers were elected to the Legislature, but 
•was guided by the credentials or certificates 
•which they held as members. Yet the Re- 
publican House had already seated Mr. 
Rosenthal without a certificate, and, there- 
fore, upon this decision, he was clearly not 
entitled to sit as a member. 

Again, at the opening of the case, the At- 
torney General filed a motion that it be dis- 
missed, citing a statutory provision empow- 
ering the Attorney General to either 
prosecute, defend or dismiss such cases. 
He made, in addition, the strong point that 



should the case now instituted in Shawnee 
county, wherein the county attorney brings 
an action in order to establish the illegality 
of a certain House of Representatives, re- 
sult in the Attorney General being forced to 
try the same, a hundred other county attor- 
neys in the State might do likewise and de- 
mand his time to establish some other 
House of Representatives, or accomplish 
some other purpose. The motion being 
overruled, the Attorney General gave notice 
of appeal to the Supreme Court, 

It was admitted by counsel for respond- 
ents that a court might, in proper cases, de- 
termine whether a "Legislature" (meaning 
the House and Senate considered together) 
which passed a Legislative enactment was 
a legal body, or legally in session. Such 
oases might arise where the journals of the 
two Houses show that the Legislature had 
voluntarily convened at a time not author- 
ized by the constitution, and not duly called 
into extraordinary session by proclamation 
of the governor, and not reconvened in an 
adjourned session pursuant to its own prior 
adjournment legally made. But it was con- 
tended that when the two Houses of the 
Legislature met at the time, and at the 
place required by the Constitution, and pro- 
ceed to organize, each having a membership 
equal to or greater than a majority of all 
the members elect thereto, and these facts 
appear upon the journal, which the consti- 
tution declares "each House shall keep and 
publish," then all questions in regard to the 
validity of the Legislature are foreclosed. 

Further, that if there be two bodies of 
men, each claiming to be the House of Rep- 
resentatives, the CO- ordinate branch of the 
Legislature and the Executive, in whom is 
vested a part of the legislative power and 
authority, must, for the purpose of co-oper- 
ative action in the process of law making, 
determine which of the two is the legal 
House; and when they have decided that 
question, it is settled, and forever. 

But these and other like powerful argu- 
ments were presented to the court in vain, 
and the restraining order was issued, as al- 
ready stated. 

THE GUNN CASE CONTINUED. 

The Supreme Court convened at 10 a. m. 
to take up the matter of the application of L. 
C. Gunnfor a writ of habeas corpus. Chief 



A WEEK OF SUSPENSE. 



61 



Justice Horton presided, and there was a full 
bench Hon. Eugene Hagan appeared for 
the petitioner, and was assisted by Judge 
Doster, G. C. Clemens and Judge W. C. 
Webb, who were delegated by the Governor 
so to do. The State was represented by At- 
torney General Little. Chester I. Long, T. 
F. Garver and W. H. Rossington appeared 
for the Republicans. Counsel for the peti- 
tioner asked for a continuance, and the 
court, being of the opinion that all sides 
should be fully prepared to try so important 
a case, ordered the hearing continued until 
Tuesday morning at 9 o'clock. 

THE DOUGLASS HOUSE ADJOUENS. 

The Douglass House held a short session 
in the morning and then adjourned to 4 p. 
m. Monday. Several Populist members 
came and removed their books and private 
papers from their desks, where they had 
been left before the capture of the Hall by 
the Republicans. A few bills of minor im- 
portance were introduced. The floor and 
galleries were crowded with visitors who 
came out of curiosity to see how badly the 
Hall had been damaged during the assault 
and subsequent siege. Many of the wives 
and other relatives of the members occu- 
pied the seats of Legislators alongside their 
husbands or brothers who belonged to the 
House of Douglass, and a few officers and 
soldiers of the National Guard, in full uni- 
form, were scattered among the |various 
groups upon the floor. 

THE DUN SMOKE HOUSE MEMOBIALIZED, 

The Populist House, now that it was free 
to work in harmony with the Senate, had 
decided to enact all needed legislation as 
soon as possible and then adjourn sine die. 
This intention having been given publicity 
through ths press, the Executive Council 
met and addressed the following memorial 
to J. M. Dunsmore, Speaker, which was 
signed by all the members of the Council: 

It is the unanimous desire of the Council 
now in session that the House do not ad- 
journ until it has passed all the important 
legislation demanded by the people. 



A WEEK OF SUSPENSE. 



public inteeest oenteked in the gunn 
habeas coepus case — the eepublioans 
threaten to establish a pkovisional gov- 
eenment — a sensational scheme - the 
"mtaximum fkbight" bill and the "aus- 

TEALIAN ballot" BILL PASSED BY THE 
DUNSMOEE HOUSE— THE SITUATION STATED 
IN PLAIN TEEMS. 

On the following Monday (February 20) 
the rival Houses resumed business as if 
nothing had happened, the Douglass House 
holding its sessions in Representative Hall, 
while the Populists met in the improvised 
hall in the basement of the south wing of 
the State House. It was generally felt that 
everything now depended on the decision of 
the Supreme Court in the Gunn case, and 
owing to this element of uncertainty neither 
House remained in session over two hours. 

E. B. Welch, who was commander of the 
600 or more assistant sergeants-at-arms dur- 
ing "the war," was relieved from duty by 
the Republican House, with a set of compli- 
mentary resolutions and both this House 
and the Senate was visited by a delegation 
of eight Senators from the territory of Okla- 
homa. 

The Republicans in caucus the same even- 
ing decided to carry out the scheme em- 
bodied in the Seaton resolution adopted a 
week previously, and on Tuesday declare 
the seats of the 54 Populist members vacant. 

THE DUNSMOEE HOUSE 

Assembled in its new hall at 4 p. m., and 
was called to order by Speaker pro tern Sem- 
ple. A large number of bills were intro- 
duced and many Senate bills passed to sec- 
ond reading, after which a recess was taken 
until 9 a. m, Tuesday. 

The Senate was busily occupied with rou- 
tine business and made excellent progress. 

A DESPEEATE SCHEME TALKED OF. 

A sensation was created by the announce- 
ment on authority that would ordinarily be 
considered reliable, that the Republicans 



62 



A WEEK OF SUSPENSE: 



had arranged for about 40,000 men who 
could be concentrated at the Capital on 
twelve hours notice in the event that they 
should see fit to renew hostilities. It was 
further stated that the Republicans had per- 
fected plans for a provisional government, 
if necessarry, to carry their point. This 
would give them the power to name election 
officers and place in their hands once more 
all the machinery of state. 

A GHASTLY WABNING. 

A rather sensational episode was the dis- 
covery in the passageway leading through 
the rotunda, of a valise filled with human 
bones, set close to one of the massive stone 
walls. The cross bones, with the lower jaw 
bone forming the loop at their intersection, 
were lashed together in the form of a cross 
and hung on the door leading to the nortli 
wing. Above this ghastly signal was drawn 
a circle, within which was a hand pointing 
to the sentence: "This man ventured too 
far. Observe his fate! Sabef" This was 
all done in chalk. While a few affected to 
regard the matter in the light of 
a joke, there were many who viewed it 
otherwise and considered that it was a warn- 
ing meant to be heeded. 

This latter theory was apparently con- 
firmed by the fact that, during the preced- 
ing week or ten days. Governor Lewelling 
received numerous threatening letters, which 
were invariably decorated by rude cuts of 
the ancient piratical emblem — the skull and 
cross-bones — aptly appropriated by the po- 
litical pirates who had been plundering the 
state for so many years. 

Tuesday, February 21, 

On Tuesday morning, February 21, the 
hearing of the Gunn habeas corpus case 
commenced in the Supreme Court, where it 
continued to occupy the whole of the time 
until Thursday, on which day argument of 
counsel was heard, which enced in the mat- 
ter being taken under advisement, the de- 
cision not being announced until Saturday. 

In the Douglass House, Reoresentative 
Seaton, of Atchison, the originator of the 
scheme to oust the populist members, and 
declare their seats vacant, moved that the 
resolution regarding the vacating of seats of 
members elect be made the special order for 
11 o'clock Friday, which was in order to 



await the decision of the Supreme Court in 
the Gunn matter. 

A VISIONAKY SCHEME. 

The Republicans held a caucus this even- 
ing to discuss the Senatorial situation, and 
the practicability of electing a straight-out 
Democrat ("Stalwart") to centest Judge 
John Martin's seat in the United States 
Senate. Hon. Bailey P. Waggener's name 
was presented by two of the three Demo- 
cratic Representatives who acted with the 
Republican House — Thomas G. Chambers 
and Stephen Meagher — as their choice for 
United States Senator, but while the nomi- 
nation met with the approval of almost ev- 
ery one present, no attempt was made to en- 
dorse Mr. Waggener's candidacy, and even- 
tually the bottom dropped out of this wild 
a ad visionary scheme. In fact there was 
never a real substantial bottom to it. 
Wednesday, February 33. 

On Wednesday, February 22, the populist 
House passed, by an almost unanimous 
vote, a concurrent resolution, introduced by 
Mr. Hair, of Kiowa County, for the removal 
of the State Capital to the City of Kanopolis, 
in Ellsworth County, the syndicate owning 
which had offered to erect, free of expense 
to the State, a building in every respect as 
good as the Capitol at Topeka. 

THE "maximum FBEIGHT BILL" PASSED. 

House Bill No. 281, better known as the 
"Maximum Frieght Bill," was also passed 
on this day by the following vote: Yeas, 66; 
nays, none. This bill, which was a substi- 
tute for four House bills previously intro- 
duced, viz: Nos. 72, 120, 134 and 171, each 
proposing to regulate charges for transpor- 
tation on freight on railroads operating in 
Kansas, was reported by the Standing Com- 
mittee on Railroads, consisting of Messrs. 
Campbell of Stafford, Whitington, Rubel, 
McConkey, Howard of Shawnee, McKinnie, 
Benefiel of Kingman, Ryan, Rice, and Ken- 
ton. It proposed to establish maximum 
freight rates and one of its provisions was 
that three railroad commissioners should be 
elected by the people at the general election 
in November, 1893. In this form the bill 
passed the Dunsmore House, thus showing 
the confidence of the Populists in the people. 
The bill afterwards passed the Senate, but 
was rejected by the Douglass House. 



A WEEK OF SUSPENSE. 



63 



A STKONQ STATEMENT. 

The following statement, prepared by a 
leading Populist editor, was given ont for 
publication, as showing a complete justifica- 
tion for the attitude of the Populist party. 

Now that comparative peace reigns about 
the State Capitol, and Republicans are clam- 
orous in their boasting and affect to believe 
they have gained their point, it will be well 
to make inquiry and note the facts. Such 
inquiry will establish the fact that the Pop- 
ulists have never lost sight of the one great 
essential in this contest and come out of this 
imbroglio secure in its possession. That 
essential is the "preservation of the Popu- 
list House." To suppress this, to destroy it, 
to wipe it out of existence, was the dastardly 
and far-reaching purpose of the Republicans 
■when they precipitated the late insurrection. 
Could they have accomplished the suppres- 
sion of that House, they would have thwarted 
all possibility of any reform legislation. 
Ihey know that laws passed by the assist- 
ance of that House are valid. They know 
that the Supreme Court that would declare 
otherwise would have to reverse all respect- 
able precedent, immolate itself to the basest 
partisan demands, and face a wave of public 
indignation unparalleled since the day when 
the notorious Judge Tresiliaa was followed 
to the scaffold by an outraged people, where 
they beat him with staves to make him as 
cend, and then exulted at his just but shock- 
ing execution. 

Corporate greed is determined to prevent 
tha enactment of the reform measures of 
the Populists. No Supreme Court in these 
days of suspicion and imputations against 
the integrity of courts cares to assume that 
responsibility of declaring those laws void. 
One happy solution presented itself to the 
nefarious schemers, and that was the ex- 
tinction and suppression of the Populist 
House. They did not merely intend to pre- 
vent it from meeting in Representative Hall, 
but they intended to prevent it from meet- 
ing anywhere — to deprive it of existence, so 
that no official acts could flow from it. 

Their first of a series of contemplated steps 
to this end was the attempted arrest of the 
chief clerk of the Populist House. Resis- 
tance by the Populists to the execution of 
this Republican scheme precipitated the 
armed Republican insurrection. 

Now that peace has been declared, it should 
be borne well in mind that the Populists 
have carried their point, and have wrung 
from the Republicans a solemn pledge to 
cease all futher attempts to molest or at- 
tempt the extinction of the Populist Bouse. 
The compulsory vacation of Representative 
Hall may not be pleasant to the personal 
feelings of Populists, but it is the price Pop- 
ulists pay for believing that Republicans 
possessed a particle of loyalty or respect 
for law or official oaths. When the Governor 
found himself confronted by the Sheriff of 
Shawnee County and a huge horde of 



drunken ruffianly deputies, said to be largely 
from Missouri, present, he also found that 
the militia of the State (on whom he had to 
rely) were stained through with treason. 
The commanding officer was the first to 
make known his contempt for his official 
oath, and that he would not obey orders 
from his superior officer. Hence, when it is 
said that the Governor has made terms with 
a power which a short time ago he termed a 
lawless body, we frankly admit it, and say 
that he did it just as the Union men at Ft. 
Sumter recognized Jeff Davis, or the loyal 
people of Lawrence recognized Quantrell. 

The disloyalty of the present militia tells 
the whole tale. Good Republican author- 
ities privately admit that for the past two 
years the militia has been weeded out, re- 
cruited, and doctored to this end. The 
knowledge of this fact explains the nefarious 
conduct of the Shawnee County Sheriff. 
The Constitution of this State says: 

"The Governor shall be Commander-in- 
Chief, and shall have power to call out the 
militia to execute the laws, to suppress in- 
surrection, and to repel invasion." 

But the partisan sheriff, after involving 
himself in evasions and gross contradictions, 
perceiving that the Governor was helpless 
in the midst of a cowardly and disloyal mil- 
itia, raised an army of deputies, many of 
whom were the most vicious and depraved 
characters, filled with rum and continually 
talking about hanging the Populists leaders. 
Backed up by this motly crew, the Sheriff 
denies the Governor the powers conferred 
on him by the Constitution, and, under 
threat of bloodshed and an assault upon the 
State-House and the Governor's feeble 
forces, compels him to treat with the lawless 
and treason-infected Republican gang. 

Although treating in the face of such ad- 
verse circumstances, the Populists have not 
surrendered one iota that is essential. So 
far as Representative Hall is concerned, 
many Populists and Populist papers advised 
weeks ago that the Populists vacate Repre- 
sentative Hall and retire to where they are 
now going. Had they done so. Populist 
legislation would be much further advanced 
than it is now. Beyond the indignity, the 
vacating of Representative Hall amounts to 
nothing, and the unmasking of Republican 
treason, perjury, and general lawlessness 
richly compensates the Populists for all the 
indignities they have suffered. 

What the Populists must not surrender is 
the Populist House. This is vital. Whether 
the Republicans have really abandoned their 
intentions to forcibly strangle the Populist 
House remains to be seen. 

The chief reliance of the Republicans is 
the treason-infected militia. Kansas Re- 
publicans applauded when a Pennsylvania 
militiaman was hung up by the thumbs and 
subjected to harsh and cruel treatment be- 
cause he had spoken disrespectfully of a 
cruel- hearted man of wealth, but now we see 
those same Kansas Republicans applauding 



6i 



BEGINNING OF THE END. 



Kansas officers and privates because they 
violate their oath of enlistment, disobey 
their officers, and encourage a County Sher- 
iff in open violation of law, backed up by 
a legion of cut-throat scoundrels from Kan- 
sas City, St. Joseph, and St. Louis. 

The legislative proceedings of the next two 
days were devoid of any startling or sensa- 
tional feature. Mr. Seaton's resolution for 
ousting the Populist inembers came up in 
the Douglass House Friday and was again 
postponed until 2 p. m. Saturday. Resolu- 
tions were adopted denying the right of the 
Governor to call out the militia and compli- 
menting Col. J. W. F. Hughes for "his 
brave, wise and manly course in refusing to 
obey" the orders of his Commander-in- 
Chief. 

"AUSTRALIAN BALLOT" BILL. 

The Populist House on the same day 
(February 24) passed by a unanimous vote 
the "Australian ballot" bill," which had 
already been passed by the Senate, being a 
substitute for Senate Bills Nos. 18, 130 and 
141. A like bill (House Bill No. 317), having 
the same title aud containing the same pro- 
visions, had been introduced in the Duns- 
morse House and reported favorably by the 
Committee on Elections, but when the Sen- 
ate bill was messaged over, this House 
proceeded at once to consider the latter and 
concurred in its passage. It was subse- 
quently passed by the Douglass House and 
IS now in force in Kansas. 



BEGINNING OF THE END. 



THE STJPEEME OOTJET EEFUSES THE WEIT OE 
HABEAS OOEPUS PEAYBD FOE BT L. O. GXJNN, 
AND DEOLAEES THE DOUGLASS HOUSE THE 
LEGAL AND CONSTITUTIONAL HOUSE OF EEP- 
BESENTATIVE8 — THE POPULISTS DECIDE TO 
SUBMIT UNDEE SOLEMN PKOIBST AND ENTEE 
THE EEPUBLIOAN HOUSE 

Interest had all week been gradually con- 
centrating more and more on the proceed- 
ings of the Supreme Court, where the Dunn 
case was on trial, and when Saturday ar- 



rived, the fact that it was the day O" which 
was to be decided the status of the republi- 
can House, was the first thing that suggested 
itself to the mind of the average citizen, re- 
gardless of party. 

Early as was the hour announced 
by the court for handing down its 
decision, 9 o'clock, the crowd 
began to assemble in the corridor 
in front of the court room before the court 
officers themselves arrived to open up for 
the day. Clerk Brown reached his office at 
8:40 and five minutes later the room was 
comfortably filled. The crowding and pack- 
ing then began and continued until it 
seemed impossible that another person 
could find standing room in any nook or 
corner. The hall leading to the judges' 
chambers, as well as the corridor, was 
packed as completely as the court room it- 
self, and scores of people were unable to 
obtain admission or even get within hearing 
distance. 

Probably no such audience ever assem- 
bled before to listen to a decision of the Su- 
preme Court of Kansas, for, in addition to 
its unusual size, this one comprised repre- 
sentatives of every political party, ladies as 
well as gentlemen. State officials. Senators 
and members of the dual House, judges and 
prominent attorneys from every part of the 
State, ministers, and, in short, men from 
every walk in life, and black men as well as 
white. 

At 9:25 the Court made its appearance. 
Chief Justice Horton at the head, followed 
by Associate Justices Johnson and Allen. 
As they took their seats the hum of conver- 
sation almost ceased, and at the first rap on 
the desk absolute silence prevailed, and ev- 
ery eye was fixed upon the Court, 

The opinion of the Court was delivered by 
Chief Justice Horton, slowly, clearly and 
distinctly. It upheld the claims of the 
Douglass House, At the conclusion of 
Judge Horton's opinion, in which Justice 
Johnson concurred, which was ended at 
11:10 a, m,. Justice Allen dissented in a 
strong and able opinion. 

The Chief Justice announced that the 
court would make an order that the peti- 
tioner be remanded Jto the custody of the 
Sergeant- at-arms, and that, in accordance 
with the bond filed by him, he would obey 



BEGINNING OF THE END. 



65 



its provisions and give'himself up. 

THE POPULISTS ACQUIESCE. 

The one question asked on all sides when 
the audience broke up was, "What will the 
Populists do about it? ' These gentlemen, 
one and all, expressed themselves' as dis- 
posed to abide by the decision. 

The Dunsmore House, upon learning that 
the Supreme Court had held the Douglass 
House to be the legal and Constitutional 
House of Representatives, resolved itself 
into a committee of the whole to consider 
matters pertaining to the future conduct of 
that body. The proceedings were held be- 
hind closed doors. Numerous and pro- 
tracted caucuses took place between 1:30 p. 
m. Saturday and Monday evering, when, 
with the Governor and Senators in attend- 
ance, it was agreed to submit to the decision 
of the Court under the most solemn and de- 
termined protest. 

At a late hour Monday night, the Duns- 
more House db,.:ded to march in a body to 
the Hall of Representatives on Tuesday 
morning and take their seats in the House 
held by the Court to be the legal and Con- 
stitutional House of Representatives of the 
State of Kansas. 

The Populist House did not, however, 
abandon its organization without placing 
itself on record and clearly deiining the 
conditions under which such action was 
taken. Immediately after the opinion of 
the Court in the Gunn habeas corpua pro- 
ceedings was handed down, Hon. J. M. 
Dunsmore, pursuant to a resolution to that 
effect, -ippointed a select committee to pre- 
pare an address to the Senate which should 
be in the nature of a protest against the re- 
markable decision written by Chief Justice 
Horton and concurred in by Associate Jus- 
tice Johnson, making a majority of the 
members of the Supreme Court, which doc- 
ument was first submitted to the House, and, 
having been duly approved by that body, 
was afterwards submitted to the Senate. This 
was in substance as follows: 

A SOLEMN PBOTEST. 

The people of Kansas are menaced with 
impending dangers of a grave character. 
The election of the entire state ticket, sup- 
ported by the party of the people as against 
wrong and oppression was unquestioned. 
Beyond all question a majority of eight or 
more of the members of the house of rep- 



resentatives were also elected by the peo- 
ple's party, but the will of the people was 
thwarted by means of deliberate frauds per- 
petrated in many districts, and upon false 
and fraudulent returns certificates of elec- 
tion were issued to men not entitled thereto, 
while those who had received a majority of 
the legal votes were deprived of any right 
or recognition, either through canvassing 
boards or through the courts. 

la the house of representatives there were 
two contending factions, one claiming to 
hold a majority of the certificates of elec- 
tion issued by the iate state board of can- 
vassers, and the other claiming to repre- 
sent sixty-eight of the legally elected 
members of the House of Representatives. 
This body organized by selecting the Hon. 
J. M. Dunsmore as Speaker, Een C. Rich as 
Chief Clerk, and Leroy F. Dick as Ser- 
geant- at Arms. 

The other party, resting its claim upon 
the fact that "certificates" precluded in- 
quiry respecting either the eligibility of the 
holder, or whether he has been elected by 
legal or illegal votes, organized by choosing 
Hon. George L. Douglass as Speaker, Frank 
L. Brown as Chief Clerk, and C. C. Clev- 
inger as Sergeant-at-Arms. Thus organized, 
the two bodies proceeded to go through the 
form of transacting business as a House of 
Represen tatives. 

The Dunsmore House was dmly recogt-ized 
by the Senate and by the Executive of the 
State as the lawful House of Representa- 
tives It concurred with the Senate in the 
passage of bills. Bills so passed were pre- 
sented to and approved by the Governor, and 
were duly certified by the Secretary of State, 
and thereafter published in the official State 
paper, and became laws binding alike upon 
all the people, and all the departments of 
State government. The Douglass House was 
not recognized as a legal department of the 
Government. 

The Douglass House sought by means of 
an armed mob to dislodge the rightful 
House of Representatives, and to over-awe 
and control the other branches of the State 
government. They resorted to false and 
collusive measures to obtain a "judicial de- 
cision" in their favor. Two oases were con- 
cocted One in the Shawnee District Court, 
commenced by a local ofiicer, without right 
or authority, in the name of "The State of 
Kansas," to enjoin the State Auditor and 
State Treasurer from paying out moneys ap- 
propriated by an act which had been duly 
passed by the Dunsmore House, and ap- 
proved by the Governor. 

An injunction against the Auditor and 
Treasurer as prayed for was granted. That 
suit or proceeding was concocted for the 
purpose of getting a supposed judicial re- 
cognition of the Douglass House. 

The Douglass House resorted to another 
device to get the State Supreme Court to go 
outside of its constitutional jurisdiction and 
by means of a sham case obtain a political 




66 



END OF THE WAR 




decision. To this end the Douglass House 
caused a man named L. C. Gunn to be sub- 
poenaed to appear before its Committee on 
Elections in a supposed "pending contest 
case," Mr. Gunn refused to obey the sub- 
pcenae, and was "attached for contempt" by 
the Douglass House, and came to Topeka, 
where he commenced habeas corpus pro- 
ceedings in the Supreme Court. Mr. Gunn 
was admitted, to bail by the Supreme Court. 

The Supreme Court had the right to hear 
and determine whether Mr. Gunn was ille- 
gally restrained from his liberty, but it had 
no right or authority to inquire into any po- 
litical question. 

But in utter disregard of all precedent 
and all authority under the Constitution, 
two of the Justices usurped a power andfa 
jurisdiction not known to our laws, and 
made a decision which is not merely illegal 
and void for want of jurisdiction, but which 
is in its nature and tendency destructive of 
all government by the people. It is a politi- 
cal decision made by partisan Judges, in 
the exercise of powers usurped by them, and 
in direct violation of the fundamental prin- 
ciples of governement. 

The situation which presents itself to the 
members of the Dunsmore House is this, 
whether in the good name of the State and 
the interests of the people, they will, in or- 
der to avoid a clash of arms and a contest 
between themselves and armed forces 
brought here by railroad corporations, com- 
posed of Finkerton detectives, thugs and 
Deputy Sheriffs, or whether they will bow 
to the situation in order to secure so mnch 
as possible legislation for the protection of 
the reople of the State, and go into or rec 
ognize the Douglass House as the House of 
Representatives. It is a most humiliating 
position for the members of the Duns- 
more House, and for the people of the 
whole State. But something must be done, 
and must be done at once; and the mem- 
bers of the Dunsmore House, after 
having duly weighed and con- 
sidered the vast interests which 
are involved in the controversy which will be 
determined by a submission on their part, 
have finally resolved that they will take 
their place in the House of Representatives 
as members thereof, and abide the conse- 
quences, trusting to the people of the State 
that their actions in this regard will meet 
their approval, and that better results will 
flow therefrom than from an action which 
shall produce greater political disturbances 
and strifes. But we do this under the most 
solemn protest, that the membership of the 
Dunsmore House represents a large major- 
ity of those who were honestly and fairly 
elected as members, that their proceedings 
up to the present hour have been lawful, and 
have been conducted in the interests of the 
people of the whole State. And we so sign 
our names to this solemn protest, and ask 
that the Senate shall place the same in full 
upon its journal. 



END OF THE WAR. 

THE DUAL HOUSE UNITED AT LAST — THE POPU- 
LIST KEPEESENTATIVES ENTEB THE HALL 
WITH OOLOES FLYING — THEIK PBOTEST PBE- 
SENTED FOB FILIND — THE SENATE PBOTEST 
— THE WOEK OF LEGISLATION PBOOEEDS 
QUIETLY. 

In obedience to the mandate of the Su- 
preme Court, though under the triple pro- 
test of the Governor, the Senate and the 
members of the Dunsmore House, the Pop- 
ulists on Tuesday morning, February 28, 
took their seats in the Douglass House and 
for the first time addressed the presiding 
officer as "Mr. Speaker." 

The final act by which the rival legislat- 
ive bodies were merged into one, was ac- 
complished at 10 o'clock in the forenoon, 
and was as remarkable a proceeding, not to 
say sensational, as has ever been witnessed 
at the Capital of any sovereign State. The 
Hall of Representatives was filled long be- 
fore the hour of 10 arrived. The galleries 
were packed to suffocation. At the precise 
hour the Populist procession appeared at 
the main entrance and was admitted to the 
hall. Speaker Pro Tern Semple led the he- 
roic band, followed by Sergeant-at-Arms 
Dick, who carried a large American flag. 
Then came Speaker Dunsmore and the 
members of the Populist House, the entire 
body moving down the center aisle and oc- 
cupying the seats formerly appropriated by 
the members on the north side of the room. 
There was a murmur of applause from tne 
Republican side of the House, but it was 
almost instantly suppressed, end there was 
no attempt at any demonstration from the 
galleries. 

Speaker Douglass' gavel was heard calling 
the House to order, and visitors were re- 
quested to vacate the seats of the members, 
which they had taken possession of for sev- 
eral days. Clerk Brown immediately pro- 
ceeded with the roll call, the Populist mem 




END OF THE WAR. 



67, 



bers answering promptly and cheerfnlly, 
with now and then one rising to a question 
of personal privilege. Among the latter was 
Representative Lupf er, of Pawnee, who said 
he desired to enter hid protest in thus being 
forced into the Republican House by the de- 
cision of the Supreme Court, and that on re- 
turning home he intended to have it spread 
throughout the length and breadth of the 
land, that all might know his sentiments. 
He had a written protest, signed by the com- 
mittee of the Populist House, of which he 
was a member, and asked that the Clerk 
read it, and that it be spread upon the Jour- 
nal of the House. 

The Speaker said there was no rule under 
which such a request could be granted, but 
he would permit it to be done by consent of 
the members. 

Mr. Dunsmore arose and addressing "Mr. 
Speaker" for the first time by his oflicial 
title, referred the republicans to their own 
journal, which he said would show that the 
names of the Populist members had been 
called daily, and to the threat to vacate 
their seats, as expressed in Mr. Seaton's res- 
olution, as proof that they were members of 
the House, and entitled to participate in its 
proceedings. 

The protest tendered by Mr. Lupfer was 
thereupon^handed to the Clerk and read by 
the order of the Speaker. It was as fol- 
iowp" 

PEOTEST OF THE POPXJLIST HOUSE. 

Bd Jieving that County Clerks and other 
clerical ofi&cers of our election machinery 
have neither right nor power to subvert the 
will of the people as expressed at the polls; 
and 

Believing that no legislative canvassing 
board or judicial authority has the power to 
enact laws, or the right to enforce rulings 
legalizing the use of lotteries in deciding 
election contests when the constitution ex- 
pressly prohibits lotteries; and 

Believing that no Supreme Court has the 
right or power to make members of the Leg- 
islature out of men whom the constitution 
expressly states are 'not proper to be chosen,' 
or 'qualified to be elected;' and 

Believing that no man who by his state- 
ment established his legal residence outside 
of the State subsequent to his election has 
any right in law or justice to act as a mem- 
ber of the Legislature, and that no Supreme 
Court or other body has the power to make 
him a member; and 

Believing that the Supreme Court is only 
a co-ordinate branch of the State govern- 
ment and that no coordinate branch has 



any jurisdiction over another, or legal power- 
to coerce it; and 

Believing futher that no partisan Court or 
other body has the power to make a legal or 
Constitutional House of Representatives out 
of illegal or unconstitutional members; 

We desire to enter our solemn and em- 
phatic protest against the usurpation of 
power by the Courts and the anarchistic, rev- 
olution ary and treasonable actions of the 
corporations and their devoted friend and 
ally, the Republican party, and we appeal to 
that Court of last resort, the people of the 
State of Kansas, to right the wrongs imposed 
upon them by their enemies and oppressors 
by the use of that most powerful weapon 
known to mankind, the ballot. 

A. H. LUPFEE, 

J. J. MoAlenet, 
R. D. MoCluvian. 

Thus the thirty-ninth day of the eighth 
biennial session of the Kansas Legislature 
opened with the dissolution of the Duns- 
more House, and where for thirty- eight days 
Kansas had a dual House of Representatives 
on this day and thereafter there was but one. 
There was little on the surface indicative of 
the great struggle which during the preced- 
ing active legislative days had absorbed the 
attention of members holding three politi- 
cal creeds, and representing the 125 Legisla- 
tive Districts of the State. 

In all, 118 members responded to their 
names, those recorded as absent or not vot- 
ing being Helm, Hobson, Meagher, Raemer 
and Wright. The names of Brown and 
Noble, whose seats had several days pre- 
viously been declared vacant on the ground 
of their being postmasters at the time of 
election, and therefore not eligible to office,, 
were not called. 

The Speaker was authorized to reorgan- 
ize the list of standing com mittees, and at 
2 p. m. the House went into Committee of , 
the Whole for the considerati on of a bill to 
create a uniform series of text books, to 
which decidly modern and prosaic manner 
"the war of 1893" ended. 

THE SENATE PBOTEST. 

The Senate at its morning session adopt- 
ed the following preaanble amd reeointionsj 
by a vote of 21 to 8: 
Be It Resolved by 0ie Senate that 

Wheebas, We believe that at the eleotioir 
held in November, 1892, the electors voting 
at said election fairly and honestly elected a. 
majority of the Representatives of tMs- 
Legislature who were candidates on the Pbp- 
ulist ticket, but by fraudulent, corrupt and' 
illegal methods of certain township election 




THE RESULTS. 



officers, Boards of County Commissioners 
and the State Board of Canvassers, certifi- 
oates were unlawfully issued to certain Re- 
publican candidates clearly not entitled to 
£hem; and 

i Whebeas, This Senate believed that the 
will of the people as expressed at the ballot 
box should be upheld, and that a majority 
of the Representatives honestly and fairly 
sleeted by the qualified electors should be 
■entitled to organize the House of Repre- 
sentatives, and that they did so by electing 
3. M. Dunsmore as Speaker, and Ben C. 
Rich as Chief Clerk. We therefore recog- 
nized said House as the proper and constitu- 
tional body with which the Senate should 
transact business pertaining to legislation; 

and i ,(L-'..J 

■ Whesbas, The three co-ordinate branches 
of our State government are the Executive, 
Legislative and Judicial, each separate from, 
independent of, and in no w&y answerable 
to the other, but the Supreme Court of this 
State, in a partisan decision, rendered by the 
two Republican Judges thereof, have pre- 
sumed to consider the executive and legisla- 
tive branches subordinate to it, and have at- 
'lempted to sustain another organization, 
presided over by George L. Douglass, and 
not recognized by the Senate or Executive, 
and have inferentially declared that laws en- 
acted by the Senate, the Constitutional 
House of Representatives, and approved by 
the Executive, will be by them held invalid, 
thereby preventing any needed legislation 
for the relief of our people, and the appro- 
priations necessary for the maintenance of 
oar State government aod the support of 
our educational, charita,ble,and penal institu- 
ti ons. _ 

V: While we recognize the rig ht of said Court 
to pass upon the validity of and interpret 
the laws so passed, we must emphatically 
deny the authority of said Court to pass 
upon any question relating to the organiza- 
tion of either branch of the Legislature. 

We recognize fully that there is no peace- 
able appeal from such unwarrantable decis- 
ion, except to refer them to the power that 
makes Courts — the people — and knowing 
that our citizens are peaceable and order- 
loving citizens, we have determined to tem- 
porarily submit to the unjust and arbitrary 
exercise of judicial authority, and remand 
the case back to the people for their approval 
or rejection. Now, therefore, be it 

Resolved, That the Secretary of the Senate 
be instructed to message the bills, joint and 
concurrent resolutions already passed or to 
be passed by us to the House of Representa- 
tives presided over by George L. Douglass 
as Speaker; and be it further 
r Resolved, That we will do all in our power 
to redeem our pledges to our constituents, 
and give them thn legislation they demand, 
and so badly need, and should such legisla- 
tion fail we will let the blame rest upon the 
"iwrsons responsible therefor, and place 
them before the bar of public opinion. 



THE RESULTS. 



WHAT THE POPULIST KEPEESENTATIVES WON 
BY THBIK PiUOK, PEESISTENOE AND SUPJEEIOB 
GENEBALSHIP — THE ENEMX UNMASKED AND 
LOCATED WHEEE THEY CAN BE FOUND WHEN 
OOGASION KEQUIEES — LEGISLATION THAT 
WILL BENEFIT THE PEOPLE. 

It is not so long since the events to which 
this history relates occurred that any one 
should have forgotten them, yet suflficient 
time has elapsed to review dispassionately 
the greatest political conflict in the history 
of Kansas. It is isipossible to do so without 
a feeling of admiration for the marvelous 
patience and heroic persistence of the repre- 
sentatives of the people under circumstances 
so trying. From a tyranny less galling, e c- 
acticns less burdensome and frauds neither 
so barefaced nor monstrous as those suf- 
fered by the citizens of Kansas during the 
thirty years of almost undisputed control of 
the state government in all its branches by 
the Republican party and its corporation 
allies, armed revolts have sprung and em- 
pires have been overthrown. 

In these three decades the state debt was 
e normously increased, the county and muni- 
cipal indebtedness was pushed to the verge 
of bankruptcy, and private obligations grew 
to be an intolerable burden. At the same 
time property values and the price of farm 
products depreciated until the owner of real 
estate of any description was impoverished 
and the tiller of the soil was unable to real- 
ize the cost of production. The railroads 
bee ame the ruling power in the state, monop- 
olistic corporations took root and flourished 
on Kansas soil, the money loaner found here 
a fruitful field for usury and extortion, and 
all these enriched themselves at the expense 
of the agricultural classes and of the wage 
earner generally. Those who suffered from 
oppression and misrule remonstrated, but 
the party lash was wielded with a strong 
hand and they continaed to vote the Repub- 



THE RESULTS. 



69 



lican ticket, to rivet the fetters that enslaved 
them and to dance to the music of their 
masters^.nntil the Republican majority in 
this state had swelled to the tremendous ex- 
tent of 82,000. The party in power felt that 
it was invincible, and that it held a life 
tenure in this state, and its leaders became 
more arrogant, dictatorial and unscrupulous 
in their management of public affairs. 

The people had surrendered their liberties 
and had seen their property rendered worth- 
less or become so encumbered with debt 
that their condition was inferior t j that of 
slavesjjwho at least are free from care and 
responsibility, and who from the self in- 
terest of their masters, are not permitted to 
suffer for the necessities of life. Thousands 
abandoned their homes and farms after 
years of toil, hardship and privation, and 
moved on toward the mountains, often 
without a day's food for themselves or for- 
age for their cattle. Other thousands found 
themselves unable even to get out of the 
country, and continued to labor and to 
starve, that they might pay tribute to Ctesar. 
But they had not lost the spirit of manhood 
and that indomitable pluck and courage 
which had led them to endure the priva- 
tions and trials of pioneer life, now led 
them to inquire as to the cause of their 
trouble, and having found it, to apply the 
remedy. The result was, to the republican 
party, a humiliating defeat in 1890, and 
utter route in 1892, It was in vain that its 
leaders and their corporation allies re- 
sorted to falsehood and fraud in the elec- 
tion and on the returning board. The peo- 
ple had secured control of all the State 
officses, elected nearly all the Congressmen, 
the State Senate and a majority of the House 
of Representatives — in' short the entire ma- 
chinery of the State government passed 
from the hands of the Republicans into the 
hands of the Populists, and the victory was 
complete. 

That it was the manifest parpose of the 
Republican party to make the will of the 
people as expressed at- the polls secondary 
to the will of the Republican party as repre- 
sented by certificates of election secured by 
methods pregnant with fraud and corrup- 
tion, has been clearly shown. Would it not 
have been strange indeed that a party that 
had elected an entire state ticket, a Supreme 



Judge, and a Congressman-at- Large by ma- 
jorities ranging from 5,000 to 7,000, and had 
elected a large majority of the Congressmen 
and State Senators, should have failed to 
elect a majority of the House of Representa- 
tives? From every stand point of reason 
and logic, the presumption would be against 
such failure. 

The pivotal point was the organization of 
the House of Representatives, because the 
making of laws requires the concurrent ao 
tion of both Houses and the Governor, and 
by controlling one branch the Republicans 
could nullify the action of the other, and 
that was exactly what they were after. The 
people demanded certain clearly defined 
laws, among others one controlling the rail- 
roads and making them the servants of the 
people instead of their masters. The rail- 
roads, like the slaveholders of antebellum 
times, asked to be let alone. Having 
shaped and controlled legislation ever since 
their advent in the State, they were opposed 
to any change in the laws they had made — 
made to obey or not, as seemed best after- 
wards. 

In such an emergency the People's party 
representatives had but one alternative. 
They must either quietly submit to bare- 
faced robbery of their righte and the rights 
of the people by whom they had been elect- 
ed, or they must resist with every lawfn 
means at their hands. They were in hone r 
bound to choose the latter course, and they, 
did not hesitate,with the full knowledge tha 
their cause was right, to assume the respon- 
sibility. 

To have refused would have been to de- 
stroy the last vestige of hope for the relief 
of the people, and would have been an utte r 
stultification and surrender of every prinoi- 
ciple of manhood and every right of citi- 
zenship. It would, further still, have de- 
prived the Populists of all possibility o f 
of proving their charges of corruption an d 
fraud upon the part of the republicans, o f 
conspiracy between the old dominant part y 
and the corporations, and of demonstrating 
their own good faith by attempting to carry 
out their pledges to the people who elected 
them. 

The Populist Representatives selected 
their courae wisely, and in the face of the 
most powerful opposition completely un- 




70 



THE RESULTS. 



masked the corporations and compelled 
them to show their hand in controlling and 
directing Kepublioan councils. 

This was one grand result of the contest 
■which alone was worth all the risk and anx- 
iety and labor of the undertaking. As has 
been aptly said by "One Who Was There," 
and who used substantially tne same words 
and argument with which this chapter is 
opened: 

"It is worth much in war to know the 
exact location and strength of your enemy." 

The investigations' of the Elections Com- 
mittee of the Duns more House have plainly 
and conclusively demonstrated that the 
Populists legally elected at least sixty-five 
of the 125 members of the House. It has 
been shown that fraud, bribery and corrup- 
tion were resorted to by the Kepublicans in 
order that the will of the people as expressed 
at the ballot-box might be defeated and the 
control of corporation power be extended 
for at least two years more. 

The fact has been demonstrated to the 
world that, at the bidding of a powerful 
railroad carporation owned by English capi- 
talis'^s, the Rep ublican party of Kansas 
would resort to violence, bloodshed, treason 
and anarchy in order to prevent reform 
legislation. 

It is submitted to the public to decide 
whether or not the same railroad corporation 
■controls the action of the Supreme Court of 
the State of Kansas, whose Chief Justice 
can one day reject the identical authority 
cited by himself on the preceding day in 
rendering a decision, and who, in defiance 
of all authorities, usurped a jurisdiction and 
power never granted him by the people, but 
distinctly granted by the Constitution to the 
Legislature. 

Again, the Senate and the Dunsmore 
House, in spite of unprecedented and well 
nigh insurmountable obstacles, passed bills 
covering every essential demand made by 
the People's party in its platform, thereby 
showing the sincerity and good faith of the 
Populist leaders and the Representatives 
chosen by their party. 

Finally, when the Governor aud '■' Legisla- 
ture were compelled to recognize under pro- 
test the Douglass House, which had been 
galvanized into life by the usurpation of the 
Supreme Court,the Populists, though -defeat- 



ed in the main issue, railroad legislation, 
which had been the real cause of all the 
trouble, succeeded through superior skill, 
generalship, pluck and perseverance, in 
passing numerous important bills,which will 
materially benefit the people and assist them 
in their future attempts to rid themselves of 
British rule. Among these may be men- 
tioned: 

The Australian ballot system and the 
bribery law. which will make the boodle 
business a dangerous tool to handle. 

The bill making silver a legal tender in 
Kansas and abrogating the gold clause in 
contracts, (a bill prepared by Hon. A. C. 
Shinn, of Franklin county, and worked 
through by Representative Green, of Cow- 
ley County, a gentleman of rare ability). 

The mortgage redemption law. 

A law reducing the penalty on delinquent 
taxes one-third, and reducing interest on tax 
sales from 24 to 15 per cent. 

A bill compelling railroads to put in scales 
at certain points and making them liable to 
the shipper for shrinkage in weights on 
grain, seeds and hay; providing the loss is 
more than one-fourth of one per cent. 

A quarantine law to protect the state from 
cholera. 

An insurance law which prevents "scaling 
down" and compels the payment of the face 
of the policy in case of loss. 

A bill submitting an amendment to the 
constitution giving woman the right of suf- 
frage. 

Prominent among the bills passed by the 
Populist House were the following: 

An act amendatory and supplemental to 
the code of civil procedure in relation to 
sales of real property. This bill provided 
that "in cases where real estate, or any in- 
terest therein, sold upon execution or judi- 
cial process, where there has been no ap- 
praisement, and has not realized at such sale 
a fair and adequate price, the court shall, 
upon notice to all interested parties, and 
upon motion, to be filed within ninety days 
from the date of such sale, by the debtor or 
creditor, or any lien holder, or other person 
interested therein, or affected thereby, va- 
cate such sale for such inadequacy of price; 
and upon the hearing of such motion, any 
of the parties thereto shall, upon demand 
therefor, be entitled to a jury trial upon the 




THE SUPREME COURT. 



71 



question of such adequacy of price.",! 
It An act to repeal section 1 of chapter 66 of 
the laws of 1872, known as the waiver-of- 
appraisement act. This bill was in the in- 
terest of the people, and especially of the 
poor debtors. 

An act to regulate the weighing of coal at 
the mines. This act was intended to protect 
miners, by securing to .them full payment 
for their labor. 

An act relating to the appraisement of 
lands, and amendatory of section 463 of the 
code of civil procedure. This act compelled 
the sheriff to cause all lands taken'on execu- 
tion or order of sale to be appraised by three 
disinterested householders, even if the con- 
tract contained the words, "appraisement 
waived." 

An act to regulate railroads, and establish 
reasonable maximum charges for transpor- 
attion of freight on the diflfernt lines of rail- 
road in the state of Kansas, and providing 
for a State Board of Railroad Commission- 
ers, with general power of supervision over 
the transportation lines within the State, 
and giving to such Commissioners full 
power and authority to control, fix and reg- 
ulate the charges and rates' to be collected 
by railroad and transportation lines in Kan- 
sas, and to prevent unjust and unreasonable 
discrimination in such charges, and provid- 
ing for the selection of such Commissioners, 
and the manner in which they shall be 
chosen, and prescribing their compensation 
and duties, and making appropriations to 
enforce thi? act. This bill proposed to es- 
tablish maximum freight rates, as indicated 
by its title given above. One of the provis- 
ions was that three Railroad Commissioners 
should be elected by the jjeople at the general 
election in November, 1893! 

An act prohibiting railroad companies, 
other corporations or persons from employ- 
ing or using private armed detective forces 
during railroad strikes or other disturb- 
ances between such companies, corpora- 
tions or persons and their employes, and 
providing a penalty for the violation 
thereof. 

An act to compel railroad and other as- 
sessors to assess railroad acd other property 
at its true value in money, and providing a 
penalty for the violation thereof. 

An act to protect counties, cities and 



townships against the illegal o; fraudulent 
acts of their oificers. 

An act authorizing any resident tax payer 
to enjoin the issue of bonds about to be 
unlawfully issued. 

An act to secure uniformity in listing and 
taxation of bonds, mortgages, notes and 
other securities. 

An act providing for the weekly payment 
of wages in lawful money of the United 
States. This bill provided that "all private 
corporations doing business within this 
State shall pay to their employes the wages 
earned each and every week in lawful money 
of the United States, and all such wages 
shall be due and payable, and shall be paid 
by such corporations, not later than Satur- 
day of each week for all such wages earned 
the preceding week." The bill contained 
ample provisions and penalties to secure its 
observance. 



THE SUPREME COURT. 



SYNOPSIS OF THE DKOISIONS HiNDED DOWN BY 
CHIEF JUSTICE HOETON AND ASSOCIATE JUS- 
TICE ALLEN IN THE L. 0. GUNN HABEAS 
COEPUS CASE — ENOEOACHMENTS OF THE JU" 
DICI4.EY ON THE LEGISLATIVE BSANOH OF 
THE GOVEENMENT. 

Probably the most remarkable event ac- 
companying "the late unpleasantness" was 
the assumption of jurisdiction by the Su- 
preme Court to settle questions belonging 
wholly to the Legislature, and the usurpa- 
tion of powers delegated to the Legislative 
bodies by the Constitution. If the right of 
"the highest legal tribunal in the land" 
to determine as to the legality 
of a divided House is conceded, 
then the Chief Justice of the Supreme 
Court of Kansas becomes to all intents and 
purposes a Dictator so far as the affairs o 
State are concerned, and, following out the 
saine line of argument, the Chief Justice of 
Supreme Court of the United States is eu 



JUDGE HORTON'S OPINION. 



perior to the jPresident, the .Senate and the 
National House of Representatives. 

The Suprtme Court of Kansas, in common 
with like bodies in the other States, is al- 
ready clothed with a vast amount of au- 
thority. It is empowered not only to pass 
final judgment upon cases involving, per- 
haps, millions of dollars, but at its discretion 
it may imprison a man or set him free, and 
all but send him to the gallows. In short, 
its authority is well nigh unlimited and the 
only restraining'; power heretofore recog- 
nized is the legislature, in the make-up of 
which the people have been permitted to 
select men on whose wisdom and integrity 
they depended, and who would enact laws 
in accordance with their views on all ques- 
tions. If, now, the supreme court is to pass 
upon the qualifications of legislators, and 
by reason of political bias and prejudice 
may confirm an in-urreotionary faction in 
authority and enable it to defeat the will of 
the peopla byf^refusing to enact reform 
lawe, then, indeed, is popular government 
become almost a thing of the past. The 
encroachments of the Courts on the rights 
of the people has been gradual but sure, and 
has at last become so noticeable as to at- 
tract the attention and excite the alarm of 
some of the most conservative men and 
deepest thinkers of the country. How this 
usurpation of authority may be checked is 
', problem that remains to be solved, but it 
18 beyond question that its solution will be 
demanded before many years. 

The decision of the Supreme Court of 
Kansas in the case referred to, involving, as 
it did, the legality of the Douglass House, 
attracted the interest of members of every 
party throughout the entire nation. While 
the criticisms of the leading newspapers of 
the east and west were more or less shaped 
by the political tendencies of their man- 
agers, the people, regardless of partisan 
prejudice, in their hearts, if not openly, 
condemned the ruling by which the Populist 
House^of Representatives was dissolved and 
merged into the Douglass House. The fol- 
lowing is a synopsis of Chief Justice Hor- 

m's opinion, in which Justice Johnson 
ooncnrred : 

Jadge Horton'8 Opinion. 

After briefly reciting the facts concerning 

le arrest of L. C. Gnnn upon a warrant 



issued by the Douglass House, and his ap- 
piicaiiion to tne court for a writ of habeas 
corpus, and reviewing the arguments ad- 
vanced by counsel for the petitioner and the 
respondents, the court cited the law which 
declares that in certain cases the writ of ha- 
beas corpus would not lie, and quoted the 
following from the statute: 

"Third — For any contempt of any court, 
officer or body having authority to commit." 

■'Therefore," said the court, "we have be- 
fore us, necessary for our determination,the 
question whether the House which author- 
ized the arrest and detention of Gnnn had. 
any legal or constitutional power so to do. 
If there were but one house to consider our 
duty would be v lain and easy, but it appears 
that upon the 10th day of January two 
Houses met and attempted to organize, 
which have since attempted to act separate- 
ly and independently of each other." 

ORGANIZATION. 

The Court then proceeded to consider the 
organization of these two alleged Houses, 
and the question of the proper method for 
sach organization. Section 509 of MoCrary 
on Elections was then quoted in full, being 
to the effect that only those holding the us- 
ual credentials of membership could be al- 
lowed to participate in the preliminary or- 
ganization of a legislative body. This was 
followed by pertinent quotations from Cush- 
ing's Manual to the same effect, and from a 
late decision of the Supreme Court of Ne- 
braska, which says: 

It is contemplated that each House o f the 
Legislature shall be organised by the per- 
sons who are prima facie members thereof. 
It requires no argument to prove the disas- 
trous consequences of a different construc- 
tion of the Constitution. 

By way of illustration of the force of the 
Nebraska decision, the scenes which had 
occurred in the Kansas Capitol within the 
past few weeks were cited. Our own stat- 
utes, which require that the Legislature shall 
be constituted only of those members who 
hold certificates of election from the State 
Board of Canvassers, and detailing the rout- 
ine by which those certificates shall be au- 
thorized. Obedience to these statutes has 
been the custom and usage in Kansas for 
the past thirty years, and has some of the 
binding force of law and evidence upon 
questions of this character. 

A CASE FEOM MAINE. 

Against this view, asked the Court, what 
authority or reason can be brought? A case 



JUDGE HOBTON'S OPINION. 



73 



was cited from Maine in which, with a few 
exceptions, the Court expressed its full con- 
currence, wherein it was held that the re- 
turns before the State Board of Canvassers, 
and concerning which the advice of the Su- 
preme Court had been asked, were better evi- 
dence of the right of members of the Legis- 
lature than the fraudulent certificates issued 
by the Board of Canvassers in violation of 
the law and the decision of the Supreme 
Court. In this case no such thing appears. 
A certificate list of the members, accom- 
panied by a statement of the number of 
votes cast by each, was introduced in evi- 
dence, and while there has been much said 
about fraud by the Canvassing Board, there 
has been nothing presented in the case 
showing any fraud on their part. 

The Rosenthal case was referred to, and 
the Court stated that after it was over the 
Chief Justice had received a letter from Mr. 
Hosenthal, in which he said he was con- 
vinced that "the decision of the Court was 
not only the law, but that it ought to be the 
law, and that he respected the Gourt for its 
decision." 

The revised journal of the Dunsmore 
House was alluded to as seemingly recog- 
nizing the fact itself that only certificated 
Dttembers have a right to act. Wherever 
this universal rule has been disregarded, 
disturbance and violence, and almost blood- 
shed, have always occurred. 

THE EEED BULE. 

The Court then said: "Then why should 
not, if this court has the power, say that it 
will recognize that House which has follow- 
ed the usual and ordinary practice in con- 
vening, in Kansas." 

Reference was next naade to the practice 
of the Dunsmore House in counting as pres- 
ent Republicans not voting, in order to 
make a quorum of certificated members, 
and in accordance with the ileed rule and 
the decision of the Supreme Court of the 
United States upon this rule. But it was 
pointed out that the Dunsmore House had 
omitted to lay the foundation for such a 
practice by failing to adopt such a rule. 
Moreover, the persons so counted had never 
recognized or acted with the Dunsmore 
House, and were not members thereof. 
Speaker Reed never counted as present any 



member of Congress who had refused to 
recegnize him as Speaker. 

The Court next took up the question of 
the organization of the two Houses — first 
the Douglass house, and declared that Geo. 
L. Douglass had been chosen as Speaker by 
sixty-four duly certified members. Lengthy 
quotations were made from the majority and 
minority reports of the Senate Committee 
on Elections in the contest cases from Mon- 
tana, upon the force of the election certifi- 
cates. The circumstances of the organiza- 
tion of the Douglass House by sixty-four 
naembers, the admission of Mr. Rosenthal, 
and the accession of the two Democratic 
members, were narrated. This gave the 
Douglass House an unquestionable Consti- 
tutional majority and made it the legal and 
Constitutional House of Representatives. 
This organization was perfected before either 
the Governor or the Senate had recognized 
the Dunsmore House. It is true that the 
Douglass House had received no such recog- 
nition, but it was a duly organized House 
for other than the mere purpose of legisla- 
tion; it had the right to protect itself, to 
issue subpoenas, to do thof e things which 
pertain solely and exclusively to itself. De- 
lays on the part of the House in communi- 
cating with the Governor or the Senate, or 
on the part of the Senate and the Executive 
in recognizing the House, would not invali- 
date its organization. 

THE JOTJBNAL CONOLUSIVE, 

The Douglass House having thus organ- 
ized in a Constitutional manner, had the 
right to make a journal, and that journal is 
conclusive upon this Courts The Court now 
refers exclusively to the journal of the 10th 
and 11th, and not to the one that comes 
afterwards. The Court then took up the 
question of its jurisdiction to determine 
whether the Douglass House had the power 
to restrain the petitioner of his liberty, de- 
claring that it would not take jurisdiction if 
it should not, but that it must take jurisdic- 
tion if it should. A long list of authorities 
was cited to sustain the jurisdiction of the 
Court, especially the case of Martin vs. In- 
gram, in Thirty-eighth Kansas, where it was 
decided that the Supreme Court had juris- 
diction to compel the Governor to perform 
his duty, and the case arising in 1879 out of 
the attempt of the House of Representatives 



.^ 




74 



JUDGE HOBTON'S OPINION. 



to associate with itself a larger number than 
128. This Hoase passed a law which was 
also passed by the Senate, signed by the 
Governor and psblished in the official paper. 
When that law came before the Snpreme 
Coijrt, it decided that the House of Repre- 
sentatives which attempted to pass it had no 
right to do so and it was wiped out of exist- 
ence. Here the Supreme Court took cog- 
nizance of a matter that had passed the 
Legislature in the most formal manner, and 
yet there was no conflict between the Judi- 
ciary and the Executive or Legislative de- 
partments of the government. 

It is said that the Court has no power to 
require by quo warranto into the rights of 
the membership of these bodies. This is 
true, and this Court itself has so decided, 
but, when this Court has the ultimate right 
to pass upon the legality of the acts of the 
Legislature, it has also the power to pass 
upon the legality of the organization of the 
Legislature. 

WAS THE DOUGLASS HOUSE DESTEOXED? 

But it is claimed that the Douglass House 
has been destroyed and ousted by the recog- 
nition of the Dunsmore House. Is such a 
recognition final? It is admitted that if, 
after this recognition, the Douglass House 
had voluntarily departed and gone home, 
and the Dunsmore body with fifty-eight 
members had increased its members to the 
constitutional majority in any way it pleased, 
and had gone on and done business without 
interference, such recognition would be ac- 
cepted by the Courts. But this is not the 
case here. The Court here adverted to the 
strenuous objection made in the Senate by 
Senators of all parties to the recognition of 
the Dunsmore House. 

THE INJUNCTION VALID. 

The Douglass House was not only legally 
organized, but its Journal shows that it has 
been doing, or attempting to do, business 
every day of its session. It has challenged 
the rightfulness of the Dunsmore House; it 
has challenged the action of the Governor 
and the Senate, and the very first act of leg- 
islation has been made the subject of an in- 
junction in the District Court of Shawnee 
County, whose judgment until reversed is as 
valid and binding as the supreme edict of 
the Supreme Court of Kansas. 

Not only that; this Court must take notice 



of all the usual and ordinary incidents that 
are transacted around us. Now, the Duns- 
more House never had but fifty-eight legal 
and constitutional members, and so long as 
there is a legal and constitutional House 
carrying on business, this question of a de 
facto Legislature has not risen to that dig- 
nity of position that entitles it to the recog- 
nition of this Court. In conclusion, the 
Court said: 

THE LEGAL HOUSE. 

From all that we have said, our conclu- 
sion is that the House known as the Doug- 
lass House is the legal and constitutional 
House of Representative, and, being such 
House, it has the power to compel witnesses 
to attend and testify before it, and to pun- 
ish for contempt any witness who refuses 
when properly subpoenaed. 

It has been suggested that we should hesi- 
tate to give an opinion upon the constitu- 
tionality of either of these bodies because 
unpleasant complications might arise there- 
from. It has even been suggested that the 
Governor and the Senate will not find their 
way clear to act with the legal House, and, 
therefore, the appropriations may fail, and 
all of the departments of the Government 
will be without funds; and, more unfortu- 
nate still, that the educational, charitable 
and criminal instiutions will be closed. We 
trust that such will not be the result. 

We believe that the Governor is honest 
and patriotic; we believe that the Senate 
and the members of both these contending 
bodies are honest and actuated by worthy 
motives. We trust that there may be some 
way by which the House and Senate and 
the Governor can act together unitedly and 
harmoniously. The questions icvolved in 
this case are above party and partisanship. 
They concern the people, the State. The 
gravity of the situation we fully under- 
stand. Certainly no Constitutional or pub- 
lic question can be more solemn than the 
one now before us. While we deplore the 
occasion which compels us to hear and de- 
termine this case, we feel constrained by 
the imperative command of the Constitution 
and by the conscientious discharge of our 
duties, to declare our views irrespective of 
policy and irrespective of expediency. Jus- 
tice Johnson concurs fully in the views of 
the Chief Justice. 




JUSTICE ALLEN'S DISSENTING OPINION. 



75 



Jnstlce Allea'a Dlssentins Opinion. 

The following is an outline of the dissent- 
ing opinion handed down by Associate Jus- 
tice Allen, which has been pronounced one 
of the most able opinions ever written by a 
member of this court: 

"The queations involved in this oas# 
are perhaps of greater magnitude than 
those w iiich have ever been involved in 
any controversy heretofore occurring in 
this court. It involves the constitu- 
tional powers, rights and duties that 
are distributed by the fundamental law 
among the several department of the 
government. In our state, as in all othei 
other states, we have three great oo-or- 
dinate branches of government, the 
executive, the legislative and the judi- 
oial; each in its sphere is supreme; each 
is accountable to the people, and to the 
people alone for its acts; neither can 
enoroaoh upon the powers granted to 
to the other; neither can perform those 
duties which are entrusted by the oon- 
Btitution to the other. 

"In what I say in this case, I may 
premise that I speak merely from firsi 
impression. In my judgment no oppor- 
tunity has been afforded to this court tc 
fairly consider, as a court of last resort 
should consider, the great constitutiona! 
questions which are presented for our 
consideration. As stated by the 
chief justice, the judges ol 

the court spent nearly the entire 
day of yesterday in consultation. 
The examination which we have been 
able to make since the hearing in this 
case of the authorities cited by the very 
learned and able counsel on both sides 
has been of the most cursory character. 
It must be apparent to any lawyel 
that the careful digeating and careful 
criticism of all the cases that have 
been decided by courts of last re< 
sort have been impracticable, im- 
possible to be performed by the 
judges of this court, and what I now 
say, I reserve the right hereafter when 
I shall prepare and file an opinioa in 
this case, to correct any error that I 
may mane in the opinion now expressed, 



HE ALSO REVIEWS THE PACTS. 

"This oase is brought by a citizen of 
this state who is restrained 
of his liberty by one C. C. Olevenger, 
claiming to act as the sergeant* 
at-arms of the House of Representatives. 
It was conceded on the hearing that if 
he were the sergeant-at-arms, armed 
with a warrant signed by the speaker of 
the House of Representatives, that this 
detention is legal. This petitioner now 
asks this court to discharge him from 
that restraint because of a want of 
power in the speaker, or the gentleman, 
who, acting as speaker, issued the war- 
rant. Upon an inquiry so arising 
it became the duty of this court to pass 
upon the power of George L. Douglasa 
to issue this warrant. The court in a 
collateral proceeding is now called on to 
decide a question of right between two 
contending bodies, each claiming to be 
House of Representatives of this state,— 
aad right here I may say that the very 
statement of this question in connection 
with an admission which was made by 
the counsel on the part of the respond* 
ents shows the peculiarity of the position 
that this court takes when it assumes to 
determine for itself the questions that 
are so presented. It was conceded on 
the argument of this case that this court 
would not have the power in an action 
brought directly by one of these con- 
tending bodies against the other to de- 
cide and determine this controversy 
and to oust the wrongful body from the 
possession of the office of the 
House of Representatives and to plaoo 
the rightful body in possession of the 
office. Then the power of thie 
court at this juncture is but advisory) 
it then has no power to go into the full 
merits of this controversy and to decide 
it according to the very right of the i 
matter. (Jontroversies of this kind have 
arisen in times past, and it is to be 
feared that they may arise in 
times to come. It is necessary 
that the public duties should be 
performed; it is necessary that power 
should reside somewhere to speedily set- 
tle controversies arising between con- 
tending claimants to the right to exer- 
cise the duties of the House of Repre- 
sentatives. 

QUESTIONS THE COURT's JURISDICTION. 

"Has the constitution invested this 
court with the power to hear and 
determine controversies of this char- 
acter? It was conceded on the 



76 



JUSTICE ALLEN'S DISSENTING OPINION. 



arf^ument and in the remark of the chief 
juBtioe that the constitution has not re- 
posed that power in this court. Then I 
asked, can tbiB court in a collateral ac- 
tion do that which it cannot in a direct 
proceeding? It may be said that these 
questions must be settled; it may be 
said that this court is now, in an action 
of which it has unquestioned juris- 
diction, called upon to decide 
this very question. The answer to 
that is that this court has already been 
aided by a decision. We have not here 
before us a case of dual organization of 
the legislature; we have not here before 
us a case as in Maine, if I catch the facts 
of that case correctly, I have not exam- 
ined it critically. We have not a case of 
two Houses and two Senates each claim- 
ing to constitute the legisla- 
ture and that is what is neces- 
sary to make up a legislature. 
But we have in thit case two Houses 
disputing each other's rights and a Sen- 
ate concurring with one of these Houses. 
Section 1 of article 2 of the constitution 
read: 'The legislative power of this state 
shall be vested in a House of Represent- 
atives and a Senate.' Section 3 of ar- 
ticle 1 of the constitution reads: 'The 
supreme executive power of the 
state shall be vested in a 
governor who shall see that the 
laws are faithfully executed! The stat- 
ute requires the governor t o do various 
things with reference to the matter of 
laws. He must when the legislature 
convenes, communicate to it such infor- 
mation as be deems necessary. He must 
transmit what is known as a message 
to the two bodies. In transmitting thai 
message, he must of necessity as- 
certain what is the House of Represen-. 
tatives. In the very beginning of the 
procedure of any legislature, the gov- 
ernor must of necessity find and deter- 
mine what body of men compose the 
Senate. And in the performance of 
that duty, the governor of the state of 
JECansas is responsible to the people of 
the state and to no one else. The con- 
stitution and the laws the peo- 
ple |by their suffrages have vested 
in him the power to investigate and de- 
termine, so far as his duties are con- 
cerned, what body is tne House of Rep- 
resentatives. It must be conceded that 
no duty rests on this court in the incep- 
tion of the proceedings of a legislative 
body to inquire and delermine what 
body ia the legislature. But that duty 
dAog devolve upon the executive. We 



have also another body, the etats 
Senate, also deriving its powers 
from the limitations of the consti- 
tution, also deriving its powers 
and authority from the people who have 
selected the members. Upon that Sen* 
ate the duty rests just ae carefully aa 
any duty that can rest upon this court. 
In the discharge of the duties devolving 
upon them, the senators are juat as su- 
preme, their rights rise just as high and 
no higher than the rights of the mem- 
bers of this court. That Senate in the 
discharge of its duties must communi* 
cate with the executive department of 
this government; it must com- 
municate with its concurrent 
branch of the law-making departaaent 
lof this government and where there are 
two contending bodies, each claiming to 
be the House of Representatives of this 
state. In the very nature of things the 
Senate must hear and determine the 
question aa to which of these bodies is 
the House of Representatives. Possibly 
it may be digressing somewhat from a 
strict consideration of the legal ques- 
tions in the case and I hope I shall 
be pardoned for referring to the 
fact that I was in the Senate 
at the time of the disouesion of the 
resolution recognizing the Dunsmore 
House of Representatives. It is my 
good furtune to be acquainted with 
many of the senators, and among them 
men affiliated with the republican party, 
lawyers of great learning and abilitj 
whose opinions are entitled to great 
respect. In the discussion of that reso- 
lution from the republican side, it war 
conceded by several of these learned and 
distinguished senators that if the 
governor of this state had recog- 
nized ihe Dunsmore House as the legal 
House of RepYesentatives, and if that 
rsBoiution should be passed by the Ben- 
ate of the state of Kansas that the 
whole question was concluded, that that 
was an ultimate and final judgment and 
decision of the power wnioh under the 
constitution and law of this state was 
authorised to hear and finally decided 
the question as to which of these 
conflicting bodies was the law 
ful House of Representatives. Thi 
opinions of these senators it 
seems to me are entitled to great re- 
spect. In many of the states, and un- 
der many constitutions, the higher 
branch of the legislative department, as 
usually constitated, isj.he court of last 



JUSTICE ALLEN'S DISSENTING OPINION. 



77 



resort. For many years the fSenate ot 
the state of New York was the ultimate 
court of appeals for the determination 
of all law questions in that state. The 
House of Lords has for centuries been 
the highest tribunal in England for the 
determination of legal controversies. I 
do not know at this time any suoh tri- 
bunal exists in any of the states 
but when it is assumed that the Senate 
of this state is a body whose devision 
and determination may be brushed 
aside as though it were not, when it ie 
assumed that the executive of this state, 
the representative of all the people of 
this state, acting within the line of his 
duty, acting in the exercise of his dis- 
cretion as the chief of the executive 
department of the government is not to 
be respected, and his determination not 
only is not conclusive but ie 
not entitled to the respect of thie 
tribunal, I am forced to enter 
my dissent and non-concurrence from 
any such exprc s^ion of opinion. 

CRITICISES THE TKIAL, 

"I shall not enter into an extended 
discussion of the fo^ts growing out of 
the organization of these Houses. In my 
judgment, much of the evidence which 
was introduced on the trial of this case 
was wholly irrelevant, and was such as 
thi« court should not have received. As 
^o the exact boundaries and the definite 
rules which should be laid down 
by this court for the determination of 
ttese questions, 1 do not desire to ex- 
press any opinion, but shall reserve the 
whole subject for consideration when I 
bhall file a formal opinion in the case. 

"It appears from the journals of both 
of these Houses that a valid controversy 
existed, a bona fide controversy existed 
as to the rights of certain members to 
sit in that body. Much has been said 
by the chieif justics with reference to the 
right of a body after orgRnization 
to determine these controversies!, I call 
attention to the fact that the journal of 
the so-called Douglass House shows that 
the controversy with reference to the 
ease of Joseph Rosenthal was determined 
before any organization of the House, 
nod it seems to me that when we adopt 
the rule that the returning board, the 
state board of oanvaseers, by the record 
that it makes in the ofiSoe of the votes 
oas'^, by the certifioatea that it issuefc, 
may cletarmine absolutely the queatioa 
aa to wto shall conatitute the House 
of Repreaentatives of this state, 



that we adopt a far more aangerous 
rule than the rule; that is contended for 
by the other side, that the House of 
RepresentativeB which shall be recog- 
nized by the executive, which shall be 
recognized by the Senate shall be the 
House, rather than that which has been 
created by the state returning board, if 
I may use the expression. Now it ap- 
pears by the journal of this so-called 
Douglass House that at least two mem- 
bers of the sixty-four certificated 
members were ineligible to sit 
in the House, were just as much 
disqualified from taking any part 
in the organization of that House aa 
though they had been alien enemies, aa 
though they had been regular oflBoers of 
the army of the United States. T^<» 
constitution, which is the supreme 1, 
and to which every department of t 
government must bow and must yit 
its unquestioned and unquestioni 
assent, expressly says that no perf 
holding any office under the gove 
ment ot the United States shall 
eligible to a seat in the legislatu 
That, as construed by the courts of C 
ifornia, Nevada, of Indiana and of otl 
states means that they are inoa; 
ble of being chosen; that it is beyo 
the power of the people to select and 
make a representative of a person who 
holds office under the United States. It 
is contended also on the other side, and 
possibly I speak outside of the record, 
although I think it appears in the 
jouroal of the Dunsmore House — I 
have not had an opportunity to make a 
critical examination of those journals— 
but I know it is contended that one 
yentleman who appeared in the Douglass 
house who was not a resident of th( 
state of Kansas. If so he clearly had n' 
right to take part in the organization c 
the legislature. We know in the earl 
days of the state, and in the early 
troubles of this state, what occurred 
when those who resided outside of the 
borders of the state undertook to iake 
a part in the afifairs of the state. 

"Now, while we are considering the 
dangers, while we are considering these 
great questions which involve orderljy 
constitutional government, we need not 
shut our eyes to either one side or the 
^qSno £poq 0ax:jb{8i39i ai9A9 j« i 
Bjeqiuam eqi ||b '.oi ^qSno A9q% ; 
J^t^qSudn pur? jCiiseqoq %on jjiM £%i i 
•^aoqine qqiM peisnj^ae ejB oqM uatn ni ] 
(«q^ pemnsss eq o:; ni ^j -eoB/ eq:; iiswj j 
•i9}:^sni eaeq) ije s[o6i ^snra e^ 'jeqio 



78 



JUSTICE ALLEN'S DISSENTING OPINION. 



mn all occasions lo act witti aue 
regard to their oaths of office; 
with due regard to the duty thr.t is im- 
poeed upon them as such officers, and 
when we aBBume in the consideration of 
any case that any officer or any body of 
men, in the performance of any duty 
which devolves on them by the constitu- 
tion and the laws, will act wrongfully 
and freudulently, when we entertain any 
Buch presumption, we are entertaining 
a presumption that our much- boasted 
system of free government is a 
{allure. The presumptioo as declared 
by thia court in vtiry many ^Btances ia 
that every officer, that every body ol 
men will act honestly and uprightly, 
will discharge the duty that devolves on 
hem under the constitution and the 
awB,and the presumption in this case is 
hat the executive of this state and the 
Senate of this state have discharged 
heir duties fairly and honestly. 

KOTESTS AGAINST OVERRULING THE GOV- 
ERNOR AND SENATE. 

"Now, we are called on in a collateral 
Toceedins to overturn the action of the 
xeoutivfj; to overturn the action of the 
lenate, to overturn a legislative body ol 
his state which has continued from the 
..0th day of January down to this time, 
and merely on a view entertained 
by the members of this 

court as to the force and effect 
of certain oertitioateB as evidence of the 
right of members of that borlv to partio- 
ipate in its proceedings. W ^ asked 
to overturn the result of all ii _ deliber.. 
ations of the Senate of this state; all the 
deliberations of the executive of thia 
state with reference to the legis- 
lation which baa been passed. 
Ought this court rightly to do 
BO? Ought this court to do bo 
on a brief and hasty consideration 
of a case of this sort, in a collateral 
proceeding where neither of these con- 
tending bodies has a right to be heard? 
Something was said by the Chief Jus- 
tic 3 with reference to the effect of the 
decision made by Judge Hazen of the 
distvict court of this county in determin- 
ing this question. The scope and affect of 
that decision is simply to restrain the 
treasurer of this state from paying out 
any money under the appropriation un- 
til such time as that case can be fully 
tried and determined on its merits. 
That ie the whole scope and effect of 
the deoieion and while that order ia 
binding until it is set aside, 



while there is no question as to 
its binding effect upon the treas^'-er ot 
this state, as a decision of the question 
as to which of these bodies is the legal 
House of Representatives, I most re- 
spectfully say that I do not regard it as 
a final decision at all upon that ques- 
tion, or having the force and efieot of a 
judicial determination of that question. 

"The time given by the constitution 
to the legislature for the porformanoa 
of its duties has nearly expired; that is, 
the time for which members can receive 
pay. We have the spectacle of an 
executive, a Senate and a House of Bep> 
resentatives working in conjunction, 
passing appropriation bills, passing the 
various beneficial legislation demanded 
by the people of this state. The duties 
of all of these bodies have been nearly 
all performed. It must be evident to 
anyone who considers the question for a 
moment that it will be impractical for 
these two bodies, the Douglass House 
and the Senate, to coma together 
in such relations with each other as 
ta perform the functions of the 
legislature during this session — during 
the brief periop that now remaina It 
seems to me that the force and effect of 
this decision must necessarily be that 
this state is without legislation this win- 
ter und that such conclusion is reached 
by a collateral decision in this 
case. Did the constitution, did 
the framers of the constitution, 
did the people of this state who adopted 
it contemplate that after the legislature 
had been in session nearly its entire 
limit, after the governor of the state, 
and all of the executive departments of 
the state, after even the official 
state paper, not allied in political 
sentiment with either the executive or 
the majority of the Senate or of the 
House, publishling as laws the enact- 
ments of those bodies, that after all 
these things have occurred,did the fram- 
ers of this constitution intend that this 
court might then step in and brush it 
all away as a mere phantasm, as mere 
nullity in a collateral proceeding? It 
seems to me clearly not. 

''Before the Donglass House can 
restrain any citizen of his liberty, it 
must be the House of Representatives; 
It must be in the discharge of the func- 
tions of the House of Representatives. 
This warrant was issued on the 
thirteenth day of February. It 
was issued after laws had been 
enacted, or attempted, at least. 



JUSTICE ALLEN'S DISSEi. 



79 



to D3 enacted by th« House 
and the Senate and bad been approved 
by the goverDor and bad been published 
in the offioial stale paper. They had 
been tiled in the office of the secretary 
of state, had received all tho formal 
Banctions that the oonBtitution requires 
in order to make them efifeotive as rules 
of action in this state. Then this 
House presided over by Mr. Douglass 
undertakes to exercise the power of a 
a House of Bepresentatives and to re- 
Btrain a citizen of his liberty. The ques- 
tion here presented is ndt so much a 
question whether the Dunsmore House 
was in fact the House of Repcesenta- 
tives, as it is a question whether the 
Doucrlass House was in fact the House 
of Representatives. 

"How oan it be said that a body of 
men whom the governor of this state re- 
fuses to recognize as t"he House of Rep- 
resentatives, whom the Senate refuses 
to recognize, whom all the executive de- 
partments of the state refuse to recog- 
nize, can be a de facto House of Repre. 
eentatives? How can it be said that any 
officer who undertakes to discharge the 
duties of an office, who is not re- 
garded as such officer by any de- 
pariment of the government with 
which it seeks to do business 
who cannot effectually carry out any 
duties devolving upon him aa such of- 
ficer, who cannot effectively perform 
any act as such officer, how can it be 
said that be is a de facto officer? De 
facto means in fact; it means in the act- 
ual exercise and discharge of the duties 
of the office. 

"Now, something has been said in 
reference to the right of the House of 
Represtntatives to do some things prior 
to its recognition, prior to any inter- 
course with any of the other branches 
of the government. It may be conceded 
for tbe purposes of this case, in my judg- 
ment, that these things may be done by 
the House, yet we do not have a fully or- 
ganized ledjslatuje within the meaning 
6f the oonstltution until we have the 
bodies acting in concurrence with each 
other. It is true they are separate and 
distinct in the exercise of their duties 
as separate Houses, but they to- 
gether form the legislature of the 
state of Kansas. Where there are 
two Houses acting together as 
the legislature of the state |of Kansas, it 
seems to me an absurdity to say that 
there can be another House of Repre- 
sentatives. 



"When a jnal quorum — and 

I might saj lat I fail to find id 

the journal o <ugias8 House, (and 

that is the .lOuse we have to 

deal with re) I fail to 

find in t. journal of the 

Douglass House prior to the time that 
these other two members took their 
seats, even according to the showing 
made in this journal, I fail to find a 
constitutional quorum of men who were 
authorized to sit in the legislature. 
There are at least two of the sixty-four 
members who claim the right to partici- 
pate in the organization of the House 
who were clearly disqualified under the 
constitution, whom it is admitted hei??^ 
were postmasters on the 31st day of De*- 
comber last. That leaves the Hohsa ^_ 
without a constitutional quorum 4||| 
if there be any force in W 
that proposition. Yet, I do not ■ 
take the position that a oonsti- - | 
tutional quorum must necessarily have 
voted in favor of the officers who were 
elected by the House, nor of course, do 
I take the position that it was incompet- 
ent for less than a constitutional quorum 
to adjourn from day to day. 

KECOGNini'ION CREATES A HOUSE, HB 

SAYS. 

"It seems to me, however, that thia 
rule is settled from this consideration: 
That prior to the time of the issuing of 
this writ, a sufficient number of men 
who were reoogDizad by their fellows as ' 
entitled to seats in the legislature were 
occupying seats in the Dunsmore House 
and voted for half a dozen laws that were 
enacted and received the concurrence 
of the Senate and tne approval of the 
governor. That, in my judgment, made 
a de facto House of Representatives, and 
when that body of men received the 
recognition of all the other departments 
of this state it seems to me that we had 
then a government in fact of this 
stale with all its parts completed. 
We had a government that had heads of 
all the executive departments; we had a 
Senate that had unquestioned authority; 
we had a House recognized by all of the i 
departments of the government who / 
under the constitution of this state 
were called upon to recognize 
it. It IS true it had no recognition 
from this court, but the consti- 
tution of the state gives thia court no 
power to inquire. The constitutipD 
gives to this court no right to ino jfi 
into any legislatiue body and to ' 



80 



N'S DISSENTING OPINION. 




mine who are^^ 
in BO far as I\ 
these facts, in m; 
mented on matte' 
come before this u 
of the constitutic 



sit tliere, and 
mented upon 
.nt I have corn- 
do not properly 
The provisions 
e clear and ex- 
plicit that each bod; jf the legislature 
shall be the Bole anc exclusive judge of 
the eleotioQ and qualifioationB of its 
members. It is a matter with which 
the judiciary has no concern. It can- 
not reach its hands into either of these 
bodies; it cannot bring before it tbe 
members of either of these bodies foi 
examination here with reference to anj 
matter that is pending in any electioD 
controversy in either of those houses. 

"It eeoms to me that most mischievoui 
consequences must necessarily ensu< 
from the position taken by the majority 
of the members of this court, that the 
decision by that majority ia practically 
the decision that the judiciary is su- 
preme and is above both the legislature 
and the executive. 

"I have no criticism to make on the 
euggeslion that it is the duty of the 
judiciary to determine wherein the law- 
making power may have transcended its 
authority in the passage of laws. I 
have no question that this tribunal may 
say to the legislature or to the 
governor, 'you have overstepped the 
boundaries of your power as defined by 
the constitution of this state.' But this 
court has no power to go behind the au- 
thority of these bodies to act, as 
such bodies and to say to any 
body of men that is acting as a House 
of Representatives in conjunction 
with the other departments of the gov- 
ernment, 'You are not a department of 
the government; you are an interloper.' 
It is not right to step in 
when three branches of this gov- 
ernment concur* in the transaction of 
business of this state and say, 'We will 
withdraw from this government on© oi 
its constituent parts and thereby make 
the whole structure tumble to its falk 
we will thereby destroy all that you have 
builded up.' 

"For these reasods, and for others, I 
am forced, though with much hesitancy, 
end though with great dislike to do so, 
to dissent, and to radically dissent, from 
the views entsrlained by the majority of 
this court," 



The quiet acquiescence, under protest, of 

/•^he Populists in the decision of the majority 

j the Court has already been set forth, and 

as well as the avoidance of an open 



conflict With the Republican House and the 
mob that backed it, at once stamp as false 
all charges against the People's party as an 
organization whose members desire to set 
the law at naught and antagonize good 
government. As has already been said, the 
patience of the people's representatives dur- 
ing the trying times of the organization of 
the House and the sessions of rival bodies 
in the same Legislative chamber; their 
refusal to become embroiled with their 
political opponents, or to furnish the slight- 
est pretext for violence and bloodshed; their 
devotion to the interests, not only of their 
immediate supporters, but of the whole 
people, as shown by the character of the laws 
enactea by tne Dunsmore nouse, or through 
the influence of its members in the consoli- 
dated house, must stand forever to their 
credit as peaceable,law- abiding,order-ioving 
and patriotic citizens of Kansas. It is pos- 
sible that partisan feeling may for a time 
blind the eyes of a few to this fact, but with 
the lapse of time the Populist House of 
Representatives of 1893 will win the endorse- 
ment of more and more of the citizens of 
this commonwealth and history will pay full 
tribute to their loyalty and their fidelity to 
the trust reposed in them as the people's 
representatives. 

One fact more may be noticed in closing, 
and that is that the prophecies of the ene- 
mies of the People's party of the disaster 
that would result from placing the State 
Government in their hands have one and all 
been utterly confounded. The various de- 
partments of state, in elfieient hands, are 
moving smoothly, many reforms calcu- 
lated to permanently benefit all 
the people have been inaugurated, 
and, in short, the record of the new Ad- 
ministration up to the present time has in 
point of excellence been unexcelled by its 
Republican predecessors at any period of 
the State's history. 

Governor Lewelling and his associates 
have become known throughout the West 
and South hy reason of their advanced 
ideas on questions of public intereset, 
their courage, zeal and tireless en- 
ergy, and wherever known they have won 
the respect of men who are shaping the 
destinies of other great commonwealths, 
and who endorse the methods and plans in- 
augurated by the first people's party admin- 
istration in this republic. 

It may, with confidence, be said that 
we are as yet but in the dawning of the new 
era from which so much is hoped for and ex- 
pected. The full glory of the day will be 
realized by steadfastly adhering to those 
principles which have brought about the 
changes of the past four years. 

The motto on Kansas' coat of arms, "Ad 
Astra Per Aspera,'^ is being realized at 
last. The worst difflculties have been over- 
come and the reward is within the reach of 

those who havfl-eatnefLit It jniainfliria_hjit to — 

reap it, 

LIBRARY OF CONGRESS 



016 094 397 A 



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LIBRARY OF CONGRESS 

iiipi I nil rill 



016 094 397 A 



